Updated 2026 · California Law
Security Deposit Laws in San Diego, California (2026)
Under Cal. Civ. Code § 1950.5, landlords in San Diego must return your security deposit within 21 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to California's security deposit statute as it applies to San Diego renters. San Diego follows California state law. The city has a strong rental market with high deposit amounts; California's 2x bad faith penalty is a meaningful deterrent.
21
Days to Return
Up to 2× deposit
Penalty
$10,000
Small Claims Limit
California Security Deposit Statute — Quick Reference
Statute
Return Deadline
21 days after tenancy ends — Must provide itemization even if keeping full deposit
Penalty
If your landlord acts in bad faith, you can recover up to twice the amount wrongfully withheld, plus actual damages
Small Claims Limit
$10,000
Filing Fee
$30–$75
The 21-Day Return Deadline in Detail
Under Cal. Civ. Code § 1950.5, a San Diego landlord has 21 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: Must provide itemization even if keeping full deposit. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
California Statutory Penalty
If your landlord acts in bad faith, you can recover up to twice the amount wrongfully withheld, plus actual damages
Cite: Cal. Civ. Code § 1950.5
Up to 2x the deposit for bad faith withholding. To recover these penalties, file in small claims court in San Diego's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — California
How to find your court
File at the Superior Court in the county where the rental property is located or where the landlord lives.
California court finder →San Diego Security Deposit FAQ
How long does a San Diego landlord have to return my security deposit?
21 calendar days after you vacate, under Cal. Civ. Code § 1950.5(g). The landlord must deliver or mail the deposit (or balance after deductions) together with an itemized written statement and copies of receipts or invoices for each deduction. The 21-day clock begins on the date you vacate, not the date the landlord inspects the unit.
What is the penalty for bad faith withholding in California?
Under Cal. Civ. Code § 1950.5(l), a landlord who retains any portion of a deposit in bad faith is liable for up to 2x the amount wrongfully withheld, in addition to the actual deposit. California courts have found bad faith in cases involving fabricated damage charges, failure to provide any itemization, and deposits returned months late with no explanation.
What is the maximum security deposit a San Diego landlord can charge?
As of July 1, 2024, California law (AB 12) caps security deposits at 1 month's rent for most landlords, regardless of whether the unit is furnished or unfurnished. Small landlords who own no more than 2 residential properties with 4 or fewer units total may still charge up to 2 months' rent. San Diego has no local ordinance that further changes these limits.
What must a San Diego landlord's itemized statement include?
The itemized statement must specify each deduction, the dollar amount for each item, and include copies of receipts, invoices, or bills for work performed. If the landlord used their own labor to make repairs, they must include a written description of the work and the time spent. If final receipts are not available within 21 days, the landlord must provide a good-faith estimate and send final documentation within 14 days of completion.
How do I sue my San Diego landlord in small claims court for my deposit?
File at San Diego Superior Court, Small Claims Division. The main courthouse is at 1100 Union St., San Diego. California small claims handles cases up to $10,000; filing fees are $30–$75. Attorneys are not permitted to represent parties. If your 2x bad faith claim would exceed $10,000, you may choose to file a limited civil action instead.
Related Resources
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This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →