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California security deposit demand letter
In California, a landlord must furnish an itemized statement and return any remaining security no later than 21 calendar days after the tenant has vacated. A bad-faith claim or retention of the security may lead to statutory damages of up to twice the security, in addition to actual damages. The notes below are a reading of Civil Code § 1950.5 on the Legislature's site, not a prediction about a particular tenancy.
Laws change. Read the official source and confirm it still applies to your tenancy. Local ordinances are not summarized here. This page is not legal advice.
Return deadline
21 calendar days after the tenant vacates.
Civil Code § 1950.5(h)(1) says that no later than 21 calendar days after the tenant has vacated, the landlord shall furnish an itemized statement of the security and its disposition and shall return any remaining portion. The same paragraph says this is not earlier than a termination notice under the sections it lists, or not earlier than 60 calendar days before a fixed-term lease expires.
Cal. Civ. Code § 1950.5(h)(1). California Legislative Information, Civil Code § 1950.5. Last verified: 2026-11-10.
If the deposit is kept improperly
Bad-faith retention may bring statutory damages of up to twice the security, plus actual damages.
Section 1950.5(m) says the bad faith claim or retention of the security, or a bad faith demand for replacement security, may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award those damages when the facts warrant it. Section 1950.5(h)(7) says the landlord shall not be entitled to claim any amount of the security if the landlord, in bad faith, fails to comply with subdivision (h).
Cal. Civ. Code § 1950.5(h)(7), (m). California Legislative Information, Civil Code § 1950.5. Last verified: 2026-11-10.
Itemized deductions
Yes. The landlord must furnish an itemized statement, and copies of charge documents in the cases the statute lists.
Section 1950.5(h)(1) requires an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security. Section 1950.5(h)(2) requires copies of documents showing charges to repair or clean, with extra detail when the landlord or an employee did the work.
Cal. Civ. Code § 1950.5(h)(1)–(2). California Legislative Information, Civil Code § 1950.5. Last verified: 2026-11-10.
Forwarding address
The statute specifies how the refund is delivered. It does not say the 21-day period waits for a separate forwarding-address form.
Section 1950.5(h)(1) requires return by personal delivery, by first-class mail, or by an electronic method when that paragraph's conditions are met. For multiple adult tenants, a written agreement can cover whether the itemized statement goes by email or first-class mail, along with a forwarding address or email account. A search of the section text did not find a rule, like Texas's, that the landlord's deadline is suspended until the tenant gives a written forwarding address. Sending an address where the refund can be delivered is still a practical step.
Cal. Civ. Code § 1950.5(h)(1). California Legislative Information, Civil Code § 1950.5. Last verified: 2026-11-10.
Written demand before a case
Before a small claims case, California requires a demand for payment where that is possible.
Code of Civil Procedure § 116.320(b) says the small claims form must state that the plaintiff, where possible, has demanded payment and that the defendant has failed or refused to pay. The Judicial Council information sheet says a person who sues in small claims must first make a demand if possible. California Courts say this step is required before filing, and that you do not have to ask if there is a restraining order or you think asking would be dangerous. The demand does not have to be a formal letter.
Cal. Code Civ. Proc. § 116.320(b). California Courts Self-Help, Write a Demand Letter. Last verified: 2026-11-10.
Free sample with blanks
Copy this outline and fill the brackets yourself. The statute sentence is from the checked note above, not from a generated draft.
[Date] [Your name] [Your current address] [Landlord name] [Landlord address] Re: Return of security deposit for [rental address] Dear [Landlord name], I rented [rental address] from [move-in date] through [move-out date]. I paid a security deposit of $[deposit]. You have returned $[amount already returned]. I am asking for the remaining $[balance]. What happened: [Describe the move-out, the condition of the unit, and any list of deductions you did or did not receive. Two or three sentences are enough.] Under Cal. Civ. Code § 1950.5(h)(1), 21 calendar days after the tenant vacates. Bad-faith retention may bring statutory damages of up to twice the security, plus actual damages. Please pay $[balance] within [14] days by [check or money order]. I can provide [receipts, photos, the lease, or messages]. Sincerely, [Your name] Sample note: the statute sentences above come from California Legislative Information, Civil Code § 1950.5, last verified 2026-11-10. Laws change. This sample is a formatting example, not legal advice.
Official and free resources
- Civil Code § 1950.5 — Official statute text.
- Small claims in California — Judicial Council self-help guide, including dollar limits.
- Write a demand letter — Free court program for the pre-filing demand.
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