Within 21 calendar days after the tenant moves out, the landlord must send an itemized statement and return the remaining deposit (Civ. Code § 1950.5(h)). If the landlord deducts for repairs or cleaning, the statement must come with copies of invoices and the required photographs. Landlords must now photograph the unit at move-in for tenancies that begin on or after July 1, 2025, and before and after any repairs or cleaning.
What is the 21-day deadline, and what must be sent?
Under § 1950.5(h)(1), the landlord must furnish a copy of an itemized statement showing the basis for and the amount of any deposit received and what happened to it, and return the remainder, no later than 21 calendar days after the tenant vacates. A landlord who claims the deposit in bad faith without following the section may lose the right to keep any of it (§ 1950.5(h)(7)) and can face statutory damages of up to twice the deposit (§ 1950.5(m)).
What are the photo requirements?
Section 1950.5(g) sets three photo duties. First, for tenancies that begin on or after July 1, 2025, take photographs of the unit immediately before, or at the start of, the tenancy. Second, since April 1, 2025, take photographs within a reasonable time after possession is returned, before any repair or cleaning you will deduct for. Third, take photographs again within a reasonable time after those repairs or cleanings are finished.
If you make a deduction, § 1950.5(h)(2)(D) requires you to provide the photographs with a written explanation of the cost. You may deliver the photos by mail, email, flash drive or a link to an online gallery.
What documents go with the itemized statement?
For each charge, § 1950.5(h)(2) requires the following:
- Work done by you or your employee: a reasonable description, the time spent and the reasonable hourly rate.
- Work done by a contractor: a copy of the bill, invoice or receipt.
- Materials or supplies: a copy of the bill, invoice or receipt, or for items you buy regularly, a vendor price list or similar document.
You may skip these documents if total deductions for repairs and cleaning are $125 or less, or if the tenant signed a valid waiver. A tenant can still ask for documentation within 14 days after getting the statement, and you then have 14 days to provide it (§ 1950.5(h)(4)–(5)).
What if repairs cannot be finished in 21 days?
If a repair cannot reasonably be completed in 21 days, or you do not yet have the contractor’s documents, you may deduct a good-faith estimate and send it with the statement. You then have 14 calendar days after completing the repair or receiving the documents to send the final documents (§ 1950.5(h)(3)).
How must the money be returned?
The default is personal delivery or a check made payable to the tenant and mailed by first-class mail. If you received the deposit or rent payments electronically, you must return the remainder electronically to the account the tenant designates in writing, or by another method you and the tenant agree to in writing, and you must tell the tenant of that right in writing (§ 1950.5(h)(1)(A)(ii)). When several adult tenants live in the unit, the check goes to all of them unless everyone signed a written agreement on how to divide the deposit (§ 1950.5(h)(1)(C)). Send the itemized statement to the address the tenant provided, or to the vacated unit if none was given.
What can a landlord deduct?
Only amounts reasonably necessary for unpaid rent, damage beyond ordinary wear and tear caused by the tenant or a guest, cleaning needed to return the unit to its level of cleanliness at move-in, and, if the lease authorizes it, restoring or replacing personal property or appurtenances (§ 1950.5(b), (e)). A landlord may not charge for damage that existed before the tenancy or for ordinary wear and tear, and may not charge for professional carpet cleaning or other professional cleaning unless reasonably necessary to return the unit to its move-in condition. A lease may not call any deposit “nonrefundable” (§ 1950.5(n)). Our security deposit guide covers the initial inspection, the deposit limit and the 21-day deadline in more detail; see our post on AB 628 appliance rules for move-in condition documentation.
Frequently asked questions
Do the photo rules apply to tenancies that began before July 2025?
The move-in photo duty applies to tenancies beginning on or after July 1, 2025. The photo duties at move-out, before and after repairs or cleaning, have applied since April 1, 2025, whenever the tenancy began.
Can I email the itemized statement?
Only by mutual agreement between landlord and tenant, which can be made at the start of the tenancy or at any time during or after it. Otherwise use personal delivery or first-class mail.
What if the tenant does not give a forwarding address?
Send the mailing to the unit that was vacated. The statute directs mailings to the address the tenant provided, or to the vacated unit if none was provided.
How much deposit can I collect?
Generally no more than one month’s rent, in addition to the first month’s rent. The limit is two months for a landlord who is a natural person (or an LLC whose members are all natural persons) and owns no more than two residential rental properties with no more than four dwelling units in total. The two-month limit does not apply when the prospective tenant is a service member (§ 1950.5(c)).
Which official sources should I read?
- Civil Code § 1950.5 (leginfo)
- Judicial Council — landlord self-help center
- Department of Real Estate — California Tenants guide (RE 26)
This post is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.