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Security Deposit Return Laws
- Return Deadline – The landlord must do either of the following within 21 days after the tenant moves out[1]:
- Return the security deposit in full.
- Return the remaining balance after deductions along with a written statement explaining what was deducted and the reasons for each deduction.
- Damages – If the landlord ignores the letter, the tenant can sue for the full deposit plus up to twice that amount in damages.[2]
Recovering a Security Deposit
Small claims court offers tenants an inexpensive and informal option to sue landlords who don’t return security deposits. However, there are limits on how much can be recovered. As of this writing, individuals can claim up to $12,500, while businesses are limited to $6,250.[3]
Sample
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[TENANT NAME]
[TENANT ADDRESS]
[TENANT CONTACT INFO]
Date: [DATE]
[LANDLORD NAME]
[LANDLORD BUSINESS NAME (IF APPLICABLE)]
[LANDORD ADDRESS]
Re: Return of Security Deposit
Dear [LANDLORD NAME],
I vacated the premises at [RENTAL PROPERTY ADDRESS] on [DATE]. Pursuant to Cal. Civ. Code §1950.5, you were required, within 21 days after I vacated the premises, to refund my security deposit and/or provide an itemized statement listing any amounts you have withheld. As of today, I have not received my security deposit or an itemized statement.
Please send the full security deposit of $[AMOUNT] to me at the following address: [DEPOSIT RETURN ADDRESS].
If you do not return my security deposit by [DATE], I may proceed with a small claims action to recover the entire amount of my deposit. You may also be responsible for damages up to two times the amount of the security deposit for illegally withholding my security deposit. I retain the right to seek additional damages up to the amount allowed by law in a small claims proceeding.
Sincerely,
________________________
[TENANT NAME]