21 Day Requirement for Returning Tenant's Security Deposit in California?

21 Day Requirement for Returning Tenant's Security Deposit in California?

Investor · Anchorage, AK · Member since 2015 · 267 posts · 76 votes

Is the landlord required to return the full security deposit to tenants ( or partial security deposit with itemized list of what deductions were made) within 21 days?  This is within 21 days of them returning the keys and giving a forwarding address, correct? Or is it a different number of days now? 

Are landlords required to give photos to tenants of the areas of damages / lack of yardwork / etc or just an itemized list of the deductions?

I heard that one of the new laws that went into effect 1/1/25 in CA requires landlords give tenants photos of any areas/issues that were a cause for security deposit deductions.

Thanks in advance for any input ! :) 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    According to this webpage on the CA govt website ...

    "After a tenant moves out, a landlord has 21 days to either

    • -Return all of the security deposit
    • -Return the security deposit minus any deductions along with an itemized statement. The itemized statement must list what was deducted and why.

    If the deductions are for more than $125.00, the landlord must attach a copy of any invoices or receipts with the itemized statement. If the landlord or their employee did the work themselves, they must include a description of the work, how long it took, and the hourly rate they charged. Any rates must be reasonable."

    They also have a link at the bottom of the page about what happens if you have repairs that can't be done within 21 days.  It is always best practice to do the inspection as soon as the tenant moves out and take photos of any damage.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y

    Even if the law doesn't require sharing photos, you may want to send a few just to prove you have evidence. I do this when I have a problematic tenant that may push back. I may take 100 photos, but I'll only send them enough to give them a taste, then I let them know I have plenty more. That's enough to get them to back off.

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