Security Deposit claims in California
California gives the landlord 21 days after you move out to return the deposit or send an itemized statement. We count the time window from that 21st day.
The day the clock starts
The day you moved out
The the day the deposit became overdue is not the day it happened. It is 21 days after the day you moved out, and the window is counted from that later day.
What the claim has to show
- The address, the move-in and move-out dates, and the deposit amount
- Whether you received an itemized statement within 21 days, and what it said
- The condition you left the place in, with photos if you have them
- That you asked for the deposit back, when, and what happened
What to bring
- Lease or rental agreement
- Move-in and move-out photos
- Messages asking for the deposit
- Any itemized statement you received
How long you have
| Kind of claim | Agreement | Window | Counted from | Rule |
|---|---|---|---|---|
| Security Deposit | Spoken or by conduct | 2 years | the day the deposit became overdue | Cal. Code Civ. Proc. §339 |
| Security Deposit | In writing | 4 years | the day the deposit became overdue | Cal. Code Civ. Proc. §337 |
Worked example
If the day the deposit became overdue was 2026-04-05, a window of 2 years runs out on 2028-04-05. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.
More about California
Common questions
- When does the clock start on a security deposit claim in California?
- California gives the landlord 21 days after you move out to return the deposit or send an itemized statement. We count the time window from that 21st day.
- How long do you have on a security deposit claim in California?
- 2 years, counted from the day the deposit became overdue, under Cal. Code Civ. Proc. §339.
- What does a security deposit claim have to show?
- The address, the move-in and move-out dates, and the deposit amount. Whether you received an itemized statement within 21 days, and what it said. The condition you left the place in, with photos if you have them. That you asked for the deposit back, when, and what happened.
- How much can you claim in small claims court in California?
- An individual can claim up to $12,500. A business can claim up to $6,250. A public agency can claim up to $6,250. That comes from Cal. Code Civ. Proc. §116.221, Cal. Code Civ. Proc. §116.220.
Verify with your court
Numbers change, and a court can post its own variation. Open California's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2026-01-01.
- Cal. Civ. Code §1950.5(h) · effective 2026-01-01 · A landlord has 21 days after you move out to return the deposit or send an itemized statement of deductions.
- Cal. Code Civ. Proc. §116.320 · effective 2008-01-01 · The claim form asks you to state that, where possible, you demanded payment before filing.
- Cal. Code Civ. Proc. §339 · effective 1997-01-01 · A claim based on a spoken agreement must be filed within two years of the breach.
- Cal. Code Civ. Proc. §337 · effective 2019-01-01 · A claim based on a written agreement must be filed within four years of the breach.
- Cal. Code Civ. Proc. §116.221 · effective 2024-01-01 · An individual can bring a claim for up to $12,500 in small claims court.
- Cal. Code Civ. Proc. §116.220 · effective 2024-01-01 · A business or agency can bring a claim for up to $6,250. Any claimant can give up the amount over the limit to stay in small claims.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.