California Civil Code, Section 1950.5
Housing providers can require a security deposit. There are different names given to security deposits. Tenants may be asked for a pet deposit, a waterbed deposit, or last month's rent. Under California law, all of these different types of deposits amount to the total security deposit.
SECURITY DEPOSIT AMOUNTS
Laws specify how much can be charged for a security deposit. For an unfurnished apartment the total security deposit can be no more than two times the monthly rent. For a furnished unit the deposit can be no more than three times the monthly rent. An additional security deposit equaling one half month's rent can be charged for water furniture.
SECURITY DEPOSITS (AB 2330)Effective January 1, 2003
Up to two weeks prior to move-out, the landlord must notify the tenant in writing of their right to request an inspection with the landlord and the tenant's right to be present at the inspection, allowing the opportunity for the tenant to make minor repairs in order to get the full security deposit returned.
If the tenant requests the inspection, the parties shall attempt to schedule the inspection at a mutually acceptable date and time, and the landlord shall give the tenant at least 48 hours prior written notice of the date and time of the inspection. (This inspection is in addition to any final inspection the landlord may make after the tenant has vacated the premises.)
The penalty for a landlord's improper withholding of a security deposit can
be increased to double the amount of the security deposit!
RETURNING THE SECURITY DEPOSIT
Upon tenant move-out, a housing provider has 21 days to return the security deposit along with an itemized accounting of any money withheld. A housing provider can legally withhold money from the security deposit for damage done to the unit, for unpaid rent and for cleaning. However, a housing provider cannot withhold money for normal wear and tear or ordinary cleaning to the unit.
In a shared rental with two or more co-tenants under the same rental agreement or lease and one tenant moves out early, the housing provider is not required to return or account for any of the deposit until all of the tenants have moved out. A housing provider might voluntarily work out an agreement to return one tenant's share of the security deposit, but if not, that tenant should try to work things out between the remaining tenants or any new tenant, if there is one.
There is no such thing as a non-refundable deposit. Clauses in rental agreements deeming that a deposit is non-refundable are not valid.
WHAT TO DO IF THE SECURITY DEPOSIT IS NOT RETURNED
A tenant who does not receive the security deposit back within 21 days can:
If the tenant believes money was improperly withheld, the tenant may contest the amount and request a refund. The tenant may also file a lawsuit in small claims court to recover the amount, court fees and penalty. For assistance with a small claims lawsuit, contact the Small Claims Advisory Service located in the Sonoma County Courthouse, Superior Court Clerk's Office, 600 Administration Drive, Room 107J, Santa Rosa, CA 95403. The Small Claims Advisory Service is open for Walk In Service only on Monday and Friday mornings from 9:00 a.m. to 11:00 a.m. in the Law Library (Room 213-J, Hall of Justice). The Advisor may be reached by phone at 707-565-6457 on Tuesday, Wednesday and Thursday from 2:00 p.m. to 4:00 p.m. (The first Monday of the month, there is no advisor service but there is a Court Preparation Workshop in Courtroom 8 at that time.
The publication, "Using the Small Claims Court" can be downloaded from the California Department of Consumer Affairs' web site.
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