Security Deposits

California State Law regulates the collection and refund of security deposits (California Civil Code section 1950.5). Landlords may refer to these deposits as "cleaning deposit," "last month's rent" or "security deposit". No matter what the landlord calls it, the law considers any deposit to be a security deposit and limits the amount the owner may charge and what it may be used for when the renter moves out.

Tenants should be sure to get a written receipt for all amounts paid in deposits. If there is a written rental agreement or lease, it should clearly state the amount of deposit the landlord collected. You should be sure to keep a copy of the lease or rental agreement. This may be helpful if a dispute arises in the future about the refund of the deposit.

Under state law, a landlord may withhold all or part of a security deposit for the following reasons:

• to cover unpaid rent through the date on which a tenancy terminated. This is usually 30 days after a tenant gives notice that he or she is moving. 
• to repair damage to the unit other than "ordinary wear and tear".
• to replace items originally furnished by the landlord and not returned by the vacating tenant, such as keys, furniture or trash receptacles, if the rental agreement authorizes this deduction from the deposit.
• to have the unit cleaned, if the unit was not left as clean as when it was rented. 

A landlord has approximately three weeks from the date on which a tenant vacates to either refund the entire deposit or provide the tenant with an itemized statement explaining why all or any part of the deposit is not being returned.

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