Gov. Gavin Newsom has approved legislation giving landlords more flexibility when returning a tenant’s security deposit, including through electronic transfers.
Security Deposits
One of the most common disputes between a landlord and resident is the disposition of the resident’s security deposit.
The law places limits on the amount of money that can be required as a deposit, which depends the rent charged, whether the unit is furnished, and whether the resident is a military servicemember or has a waterbed. The law also provides a deadline and specific procedures for accounting for any deductions from the deposit after the resident has moved out.
The allowed deductions from the deposit are listed in the law, but significant penalties can be imposed for getting it wrong.
Forms
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Itemized Disposition of Security Deposit (Landscape version)
Military Service Member Increased Security Deposit Addendum
Notice of Resident’s Right to Electronic Return of Security Deposit (Resident’s Request for Electronic Return of Security Deposit Included)
Post-Tenancy Payment Plan Agreement
Santa Cruz Security Deposit Interest Addendum
Security Deposit Disposition Return Agreement
Security Deposit Disposition Return Agreement (Spanish)
Transfer of Security Deposit
Waiver of Right To Receive Documentation With Itemized Disposition of Security Deposit
FAQs
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As an owner, how many days do I have to return a resident’s security deposit after move out?
Can I charge a “last month’s rent” deposit?
Can I use the security deposit to cover unpaid rent under a month-to-month rental agreement if the resident dies?
How long is the statute of limitations for a former resident to dispute the disposition of the security deposit?
If one of two roommates moves out, am I required to return half of the security deposit to the roommate who left?
What can an owner use a security deposit for?
What is considered normal wear and tear under the security deposit law?
What is the maximum amount of security can an owner charge a tenant?
In the News
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Meet the Speakers Whitney Prout Executive Vice President, Legal Affairs, California Apartment Association Mallory Homewood Policy & Compliance Counsel, Local Government Affairs, California Apartment Association Rental housing providers who missed…
Legislation clarifying how landlords return security deposits has cleared the Legislature and now awaits action from the governor.
Question: I understand that as of April 1, we must take photos at move-out and also document repairs with photos when charging the deposit. Is it true that if repairs…
April has arrived, and with it, two new requirements for rental housing providers in California have taken effect—one involving positive rent reporting and another concerning security deposit documentation. New rent…
Legislation under consideration in the California Legislature would require landlords to return tenants’ remaining security deposits and accompanying itemized statements in the same manner the security was originally received or…
The California Apartment Association is reminding its members of two new requirements that will kick in on April 1 related to positive rent reporting and security deposits. New rent reporting…
The security deposit law provides for the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in…
This fall, the California Apartment Association is rebroadcasting two popular webinars covering service animals and security deposits —topics that frequently cause confusion but are critical for rental housing providers to…
