919 Fremont Ave, Alhambra, CA 91803 626-609-2729 [email protected]
Independent legal media for Los Angeles County Contact us

Getting your security deposit back in California

Four categories of lawful deduction, a 21-day deadline for the itemised statement, and statutory damages where a deduction is made in bad faith.

What can lawfully be deducted

Unpaid rent. Cleaning, to return the unit to the level of cleanliness it had when you received it. Repair of damage beyond ordinary wear and tear. And restoration of personal property supplied with the unit, where the lease provides for it.

Nothing else. A charge described as a non-refundable fee does not become lawful because the lease calls it one.

Wear and tear is not damage

Faded paint, carpet worn along walkways, small nail holes, ageing fittings and general use are wear and tear, and they are not deductible. Burns, tears, pet staining and holes that required repair are damage.

The other half of this is depreciation: a landlord replacing an old carpet cannot usually charge you as though it were new. The reasonable charge reflects the remaining useful life you consumed.

The 21-day statement

Within 21 days of you moving out, the landlord must provide an itemised statement of deductions with any remaining deposit, and in most cases supporting receipts or estimates where the deductions exceed a threshold amount.

Missing this does not automatically forfeit every deduction, but it substantially weakens the landlord's position and frequently decides the case.

Photographs on the day you hand back the keys

Every room, every surface, timestamped, including the empty cupboards and the cleaned oven. This one habit resolves more deposit disputes than any argument. The deposit calculator works out what you should be owed.

  1. Request a pre-move-out inspection

    You have the right to one, and it lets you fix things rather than be charged for them.

  2. Photograph everything at handover

    Including meter readings and keys returned.

  3. Write, do not phone

    Dispute each item specifically with your figure and your evidence.

  4. Small claims if it is not resolved

    Deposit disputes are among the most common small claims cases in LA County.

Common questions

What is bad faith?
Not simply being wrong. Courts look for invented charges, refusal to itemise, keeping the deposit without explanation, or charging for work never done.
The landlord sold the building. Who owes me?
The obligation generally follows the property to the new owner, though the position can be more complicated. Write to both.