California Security Deposit Demand Letter
In California a landlord must return your security deposit or an itemized statement within 21 days. A bad-faith landlord can owe up to twice the deposit. Attorney review available.
Introduction
A security deposit demand letter is a written demand a California tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In California the landlord must return the deposit, or send a written itemized statement of any deductions, no later than 21 calendar days after the tenant vacates (Cal. Civ. Code Section 1950.5(h)(1)). A landlord may deduct only for unpaid rent, for damage beyond ordinary wear and tear, and for cleaning to return the unit to its move-in condition, and may not deduct for ordinary wear and tear (Section 1950.5(b), (e)). California also bars any lease from calling a deposit nonrefundable (Section 1950.5(n)). If the landlord keeps the deposit in bad faith, a court may award the tenant statutory damages of up to twice the amount of the deposit, on top of the actual amount owed (Section 1950.5(m)). If the demand is ignored, a California tenant can sue in small claims court, where an individual may claim up to $12,500 (Code of Civil Procedure Section 116.221), and the deadline to sue on a written lease is four years (Code of Civil Procedure Section 337). DocDraft builds your California security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a California tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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The landlord must return the deposit, or a written itemized statement of any deductions, no later than 21 calendar days after the tenant vacates the unit (Cal. Civ. Code Section 1950.5(h)(1)).
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A landlord may deduct only for unpaid rent, for repair of damage beyond ordinary wear and tear, and for cleaning to return the unit to the condition it was in at move-in (Cal. Civ. Code Section 1950.5(b)).
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The landlord may not deduct for ordinary wear and tear or for conditions that existed before the tenancy, and a lease may not describe any deposit as nonrefundable (Cal. Civ. Code Section 1950.5(e), (n)).
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When deductions are taken, the landlord must include copies of documents showing the charges, unless the total for repairs and cleaning is $125 or less, or the tenant waived that right in writing (Cal. Civ. Code Section 1950.5(h)).
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If the landlord keeps the deposit in bad faith, a court may award the tenant statutory damages of up to twice the amount of the deposit, in addition to actual damages (Cal. Civ. Code Section 1950.5(m)).
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If the demand is ignored, a California tenant can sue in small claims court for up to $12,500 as an individual (Code of Civil Procedure Section 116.221); the deadline to sue on a written lease is four years (Code of Civil Procedure Section 337).
Key decisions before you file
Before you file a Security Deposit Demand Letter in California, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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California Requirements for Security Deposit Demand Letter
21-Day Return Deadline
In California the landlord must return the deposit, or a written itemized statement of any deductions, no later than 21 calendar days after the tenant vacates the unit (Cal. Civ. Code Section 1950.5(h)(1)). Your demand letter should state that this deadline has passed.
Itemized Statement and $125 Documentation Rule
A California landlord who keeps any part of the deposit must send a written itemized statement of deductions within the 21 days, and must attach copies of bills, invoices, or receipts, unless the total for repairs and cleaning is $125 or less or the tenant waived that right in writing (Cal. Civ. Code Section 1950.5(h)).
Permitted Deductions
A landlord may deduct only for unpaid rent, for repair of damage beyond ordinary wear and tear caused by the tenant or a guest, and for cleaning to return the unit to its move-in level of cleanliness (Cal. Civ. Code Section 1950.5(b)). Deductions outside these categories can be disputed.
No Deduction for Ordinary Wear and Tear
The landlord may not deduct for ordinary wear and tear, for its cumulative effects, or for conditions that existed before the tenancy (Cal. Civ. Code Section 1950.5(e)). Charges for normal use, such as worn carpet or faded paint, are improper.
Deposits Cannot Be Nonrefundable
A California lease or rental agreement may not describe any part of the security deposit as nonrefundable (Cal. Civ. Code Section 1950.5(n)). A lease clause calling a deposit nonrefundable does not bar your claim for its return.
Bad-Faith Penalty Up to Twice the Deposit
If the landlord keeps the deposit in bad faith, a California court may award the tenant statutory damages of up to twice the amount of the deposit, in addition to actual damages (Cal. Civ. Code Section 1950.5(m)). Bad faith requires more than an honest mistake, so the penalty is not automatic.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address for notices using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, an individual may sue in California small claims court for up to $12,500 (Code of Civil Procedure Section 116.221). The deadline to sue on a written lease is four years (Code of Civil Procedure Section 337(a)), though filing promptly after the demand is the practical course.