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LandlordsJuly 25, 20265 min read

Security deposits in California: the 21-day rule and what you can deduct

Civil Code § 1950.5 is a calendar and an itemization statute. Miss the mailing date or the list of deductions and the deposit comes back in full — sometimes with damages.

Statutes in this guide

Civ. § 1950.5

Return or itemize within 21 days

After the tenant vacates, you have 21 days to return the unused deposit or mail an itemized statement of deductions plus remaining funds. The clock is not 'about three weeks.' Courts count calendar days from surrender of possession.

Ordinary wear is not a deduction

You may deduct unpaid rent, repairs for damage beyond ordinary wear, and cleaning that returns the unit to the condition at move-in, less wear. Repainting on a normal cycle, or replacing a decade-old carpet that wore out, is usually wear — not tenant damage.

Document as if a judge will read it

Move-in and move-out photos, invoices, and a line-item list beat a single lump-sum 'repairs' line. If you do not have the statement in the mail on time, the statute's remedy is often the whole deposit, not a chance to fix the paperwork later.

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