What is the process for a tenant to get their full security deposit back, and what can I do if a California landlord makes improper deductions?
To get your full security deposit back in California, you must leave the property in good condition and provide proper notice; if the landlord makes improper deductions, you must send a demand letter and can sue in small claims court. Here is the process for handling your security deposit.
Step 1: Give Proper Notice and Request an Inspection
Provide your landlord with written notice that you are moving out, following the timeline required in your lease (usually 30 days). You have the right to request a pre-move-out inspection, which gives you a chance to fix any identified issues before you leave. Document the property’s condition with photos and video when you move out.
Step 2: Clean the Unit and Return the Keys
Clean the unit thoroughly, leaving it in the same condition as when you moved in, minus ordinary wear and tear. Return all keys to the landlord and provide a forwarding address in writing where they can mail your security deposit.
Step 3: Wait for the Landlord's Itemized Statement
Under California Civil Code Section 1950.5, your landlord has 21 calendar days after you move out to either return your full security deposit or send you an itemized statement of deductions, along with any remaining deposit balance and copies of receipts for the work done.
Step 4: Send a Formal Demand Letter
If the landlord misses the 21-day deadline or you believe the deductions are improper, send a demand letter via certified mail. In the letter, state the facts, explain why the deductions are invalid, demand the return of the specific amount owed, and give a firm deadline (e.g., 10 business days) before you file a lawsuit.
Step 5: File in Small Claims Court
If the landlord does not comply, you can sue them in small claims court for the amount they owe. You can find forms and instructions on your local county court’s website. If the court finds the landlord acted in "bad faith" by wrongfully withholding your deposit, you may be awarded up to twice the amount of the security deposit in addition to your actual refund.
Important Considerations: Landlords can legally deduct for unpaid rent, damage beyond normal wear and tear, and cleaning needed to return the unit to its move-in condition. They cannot charge for pre-existing damage or for "ordinary wear and tear" like minor scuffs on walls or faded paint.
Note: Your evidence, including your move-in/move-out photos, lease agreement, and copies of all correspondence, is critical to winning your case. The process can be time-consuming, but the law provides strong protections for tenants.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 34
Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
View All Questions