San Jose Renters
Get Your Security Deposit Back in San Jose
Your San Jose landlord has 21 days to return your security deposit after you move out. Know your rights and hold them accountable.
21
Days to return
$2,800
Avg. rent
1M
Population
San Jose Local Info
San Jose has additional tenant protections under its Apartment Rent Ordinance. California's 21-day deadline and 2x bad faith penalty apply.
Local Ordinance
San Jose Apartment Rent Ordinance
California's 21-day return deadline applies. As of July 1, 2024 (AB 12), deposits are capped at 1 month's rent. San Jose has additional rent ordinance protections for covered units.
Penalties: 2x deposit for bad faith under California law. Additional penalties under San Jose's ordinance for covered units.
Read the full ordinance →San Jose Deposit Rules
Interest Required
Yes
5% per year under San Jose's local ordinance
Max Deposit
1 months' rent
Return Deadline
21 days
Penalty
2x deposit for bad faith under California law. Additional penalties under San Jose's ordinance for covered units.
Get Your Deposit Back in San Jose: Step by Step
Check Rent Ordinance Coverage
Determine if your unit is covered by San Jose's Apartment Rent Ordinance. Covered units get additional deposit protections including 5% annual interest.
Verify Interest Payments
If covered, your landlord must pay 5% annual interest on your deposit. Calculate any unpaid interest as part of your claim.
Track the 21-Day Deadline
California's 21-day deadline applies to all San Jose rentals. Mark your calendar from your move-out date.
Send a Demand Letter
Reference California Civil Code § 1950.5 and San Jose's Apartment Rent Ordinance if applicable. Demand 2x penalty for bad faith.
File at Santa Clara County Court
File small claims at Santa Clara County Superior Court. Bring documentation of Rent Ordinance coverage if applicable.
Calculate Your San Jose Deadline
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Local Small Claims Court
Court
Santa Clara County Superior Court - Small Claims
Address
191 N. First St., San Jose, CA 95113
Filing Fee
$30-$75
Claims Limit
$10,000
California Security Deposit Law
Return Deadline
21 days after move-out
Penalty for Late Return
If your landlord acts in bad faith, you can recover up to twice the amount wrongfully withheld, plus actual damages
San Jose Security Deposit FAQ
What extra protections does San Jose's Rent Ordinance provide?
For covered units, San Jose requires landlords to pay 5% annual interest on deposits and provides additional protections against unjust evictions and rent increases.
How long does my San Jose landlord have to return my deposit?
21 days under California law. This applies to all San Jose rentals.
Does my San Jose landlord have to pay interest on my deposit?
If your unit is covered by the Apartment Rent Ordinance, yes — 5% per year. This is higher than many other California cities.
What's the maximum deposit in San Jose?
California limits deposits to 2 months' rent (unfurnished) or 3 months' (furnished).
Where do I file a deposit claim in San Jose?
File at Santa Clara County Superior Court Small Claims Division. Claims up to $10,000. Filing fee is $30-$75.