California security deposit limit and rules
For residential rentals in California, under the Civil Code as amended by AB 12, SB 611, AB 2493 and AB 2801.
Last reviewed November 1, 2026 against California Civil Code 1950.5 and 1950.6 and the sources below · How we check facts
Yes, with limits
Allowed, but state law limits how and how much.
What the law says
At most one month's rent since July 1, 2024 (AB 12). A small landlord, a natural person or family LLC with no more than two properties and four units, may take up to two months, except from a service member. Return it within 21 days after move-out with an itemized statement and photos (AB 2801).
The deposit rules
- Limit: one month's rent for deposits collected since July 1, 2024, on top of the first month's rent.
- Small landlord exception: up to two months if the landlord is a natural person, a family trust or an LLC whose members are all natural persons, and owns no more than two residential rental properties with no more than four units in total. It never applies to a service member.
- What counts: any fee or charge at the start of the tenancy for processing a new tenant, cleaning or damage, and any advance rent, counts toward the limit. A lease cannot call any of it nonrefundable.
- Photos: since April 1, 2025, photos before and after any repairs or cleaning you deduct for; for tenancies starting on or after July 1, 2025, photos at move-in too.
- Return: within 21 days after the tenant moves out, with an itemized statement and receipts. Keeping a deposit in bad faith can cost up to twice the deposit plus actual damages.
How to write it in the lease
Example wording:
Security deposit: $2,400 (one month's rent), fully refundable. Returned within 21 days after move-out with an itemized statement and photos of any repairs or cleaning.
For renters
If a charge goes beyond these limits, ask the landlord in writing to correct it and keep a copy. California renter guide.
Check any other charge: California fee checker.
Other California fees
Amenity fee · Application screening fee · Credit card or online payment fee · Fee for paying by check · Fee for serving a notice · Late fee · Non-refundable move-in or admin fee · Non-refundable pet fee · Parking fee · Pet rent · Rent reporting fee · Returned check fee · Storage fee · Utility charge
Frequently asked questions
California security deposit limit and rules
Yes, with limits. At most one month's rent since July 1, 2024 (AB 12). A small landlord, a natural person or family LLC with no more than two properties and four units, may take up to two months, except from a service member. Return it within 21 days after move-out with an itemized statement and photos (AB 2801).
Does a security deposit have to be in the California lease?
Yes. Put every charge a tenant may pay in the written lease, with the amount and whether it is required or optional.
Related
Not legal advice. Confirm your lease with a California attorney.