California · Rental deposit
Getting your security deposit back in California
In California, a landlord must send an itemized statement and return the rest of the security deposit within 21 days after you move out. If that has not happened, or the deductions are wrong, a demand letter sets out the rule and gives a final date to pay. Before you sue in small claims court, you are asked to request the money, and the letter is that request in writing. You get the letter in English or Spanish.
The questions, and the documents that come with the letters (checklist, timeline, next steps and memo), are in English. The letters can be written in English or Spanish.
The rules your letter follows
Taken from the official sources listed below. Interest rates change from time to time; these are the current ones.
- Landlord's period after you move out
- 21 days
- For the itemized statement and the return of what is left. Calendar days.
- What the landlord may deduct
- Rent, cleaning, damage
- Unpaid rent, cleaning to the level of move-in, and damage beyond ordinary wear and tear. Never damage that was there before you moved in.
- Bad-faith retention
- Up to 2 times the deposit
- As statutory damages on top of the deposit, if a court finds the landlord kept it in bad faith. The landlord has to prove the deductions were reasonable.
- Final date the letter gives
- 14 days
- You can choose up to 30 days.
- Small claims court
- Up to $12,500
- For a claim by an individual. A deposit claim, bad-faith damages included, can be brought there. Attorneys generally may not represent parties there.
- How to send it
- Certified mail
- Return receipt requested, with a copy by first-class mail and by email. The receipt proves the date it arrived.
What California law says about the deposit
Within 21 days after you vacate, the landlord must give you an itemized statement of any deductions and return the rest. Receipts or invoices, and photographs for repairs or cleaning, go with the statement. For small deduction totals, the landlord has to send them only if you ask.
Deductions are limited to unpaid rent, cleaning to bring the home back to how clean it was when you moved in, repair of damage beyond ordinary wear and tear, and, where the lease allows it, replacing the landlord's property you did not return. A landlord who keeps the deposit in bad faith can be ordered to pay statutory damages of up to 2 times the deposit as well.
What the letter does
It states the tenancy, the deposit and the date you moved out. It says the landlord's period has passed only when it has, disputes each deduction you do not accept, and asks for the money by a clear date. It mentions the damages for bad-faith retention. It mentions small claims court only if you say you are prepared to go there.
The California courts' self-help website also helps you write a demand letter, for free. This pack writes the letter from your answers, works out the dates, and adds an evidence checklist, a timeline and a guide to the next steps.
If the landlord still does not pay
An individual can bring a claim of up to $12,500 in small claims court, without an attorney. The filing fee depends on the amount and can be waived for someone who cannot afford it. The escalation memo in the Complete pack describes this and the other routes; it does not tell you which one to take.
Where the rules come from
Cal. Civ. Code § 1950.5Security deposits: permitted deductions, itemized statement, return period, bad-faith damages
checked October 7, 2026
What is in the envelope
Word and PDF files you can edit before you send anything.
- 01
Demand letter
The formal letter, in the language you choose, with your amount and payment details. The deadline, and any interest and costs, follow the local rules.
- 02
Evidence checklist
What to keep and what to enclose, checked against the files you uploaded.
- 03
Timeline
Your dispute date by date, including the dates still to come.
- 04
Next steps
How to send the letter so you can prove it arrived, and what to do with each kind of reply.
- 05
Final DemandComplete
A shorter second letter with a last deadline, for when the first one passes.
- 06
Escalation memoComplete
Court, collection agencies and lawyers: what each route involves. It describes the options; it does not choose one for you.
How it works
Today
You answer the questions. It takes about ten minutes, and your answers are saved as you go.
Today
You check the summary and pay. A few minutes later your documents are ready, in Word and PDF.
When you are ready
You sign the letter and send it yourself, so it comes from you.
Questions
Do I have to ask for the deposit before going to small claims court?
Yes, where possible. The small claims form asks you to confirm that you asked the landlord to pay before you sued, in person, in writing or by phone. There is no waiting period after you ask. A letter gives you a dated record of the request.
How long does my landlord have to return the deposit?
21 days after you move out, for the itemized statement and the rest of the deposit. Where repairs cannot be finished in that time, the landlord may send a good-faith estimate first and the documents later.
How long do I have to claim?
The deposit statute sets no time limit of its own. Which general limitation period applies depends on how the claim is framed, and no official source settles it.
What does it cost?
$49 for the Standard pack and $79 for Complete, plus sales tax where it applies. You pay once.
P.S.
Your documents are written by an AI system and checked automatically against your answers and the local rules. No lawyer reviews them. They are document drafts and general information, not legal advice. Your answers are deleted 30 days after delivery, or sooner if you ask.
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