CA · Renter law
What’s the maximum security deposit in California?
The two-month deposit died in California in July 2024, but it still shows up in leases every day. Here’s the one-month rule, the narrow small-landlord exception, and the 21-day itemization deadline that decides most deposit fights.
Updated July 13, 2026 · 6 min read
The short answer
One month’s rent, for almost everyone. Under Cal. Civ. Code § 1950.5, a landlord may not demand a security deposit greater than one month’s rent — furnished or unfurnished, and regardless of what the deposit is called (security, pet, cleaning, or “last month’s rent”). The one exception: a small natural-person landlord with no more than two rental properties totaling four units may collect up to two months — though never from a service member. After move-out, you’re owed an itemized statement and the balance within 21 days.
The one-month rule (and who gets two)
This is recent law — the cap dropped from two months (three furnished) on July 1, 2024 — and the market hasn’t caught up. Listings, form leases, and even experienced property managers still quote the old numbers. For the overwhelming majority of California rentals, anything above one month is now an over-limit demand.
Labels don’t matter: pet, cleaning, last month
The statute was drafted specifically to kill the label game:
“Tenant shall pay: security deposit of one month’s rent, a non-refundable cleaning fee of $400, a pet deposit of $750, and last month’s rent in advance.”
Under § 1950.5, all of that is deposit — security, cleaning, pet, and prepaid last month alike — and together it blows far past the cap. Two things in that clause fail independently, too: “non-refundable” contradicts the statute (deposits are refundable by definition), and the pet deposit exceeds the cap even standing alone. If a landlord wants pet risk priced in, the lawful tool is pet rent.
The 21-day itemization deadline
Within 21 calendar days of move-out, the landlord owes you an itemized written statement of deductions and the remaining balance. Deductions are limited to unpaid rent, cleaning back to move-in condition, damage beyond ordinary wear and tear, and lease-specified restoration. Bad-faith retention can cost the landlord up to twice the deposit on top of returning it.
Two habits win most deposit disputes before they start: take dated photos at move-in and move-out, and use your statutory right to a pre-move-out inspection so nothing on the itemization is a surprise.
Application screening fees are capped too
The CPI adjustment puts the ceiling somewhere in the sixty-dollar range today — but it remains cost-based, not a flat entitlement. A “non-refundable $150 application fee” fails on both size and structure.
If your lease demands more
- Before signing: name the law and the date — “AB 12 capped deposits at one month as of July 2024; happy to sign with that fixed.” Many over-limit demands are stale forms, not malice; the response tells you which.
- Already paid over the cap? Request the excess back in writing citing § 1950.5. The obligation doesn’t expire because you moved in.
- At move-out: calendar the 21 days. If the itemization is late or fictional, a written demand followed by small claims is the standard path — and the bad-faith penalty is your leverage.
- City rules stack on top of state law in California’s big metros — see our Los Angeles and San Francisco renting guides.
Questions renters ask
When did California’s deposit limit become one month?
July 1, 2024, when AB 12 took effect and amended Civil Code § 1950.5. Before that, the caps were two months for unfurnished and three for furnished units — which is why so many older lease forms, listings, and even property managers still quote the outdated numbers.
Who qualifies for the two-month small-landlord exception?
A landlord who is a natural person (or an LLC made up only of natural persons) owning no more than two residential rental properties that together contain no more than four units. Big property managers and corporate owners don’t qualify — and even a qualifying landlord can’t take more than one month from a service member.
Is a pet deposit legal in California?
Only inside the cap. Section 1950.5 counts every deposit “however labeled” — pet deposit, cleaning fee, key money — against the one-month limit. A full month of security plus a $500 pet deposit exceeds the cap. Monthly pet rent, by contrast, is just rent and is lawful.
What can be deducted when I move out?
Unpaid rent, cleaning to return the unit to its move-in level of cleanliness, repair of damage beyond ordinary wear and tear, and (if the lease says so) restoring things you altered. Normal fading, minor scuffs, and carpet wear from simply living there are the landlord’s cost. You also have the right to a pre-move-out inspection so you can fix issues before they become deductions.
What if the 21 days pass with no itemized statement?
The landlord loses standing to make deductions stick, and bad-faith retention can expose them to up to twice the deposit in statutory damages on top of the deposit itself. Send a written demand citing § 1950.5; small claims court (up to $12,500 for individuals) handles these without a lawyer.
Sources & statutes
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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.