How do I protect my deposit before I move out?

As a tenant, you are not responsible for ordinary wear and tear of a unit, but can be charged for damage outside of ordinary wear and tear. Tenants can demand a pre-move out inspection. Your landlord is supposed to allow you this inspection before you move out. If your landlord refuses to do a walkthrough, be sure to document this by writing them a letter that says you tried to make an appointment and they refused, and that describes the condition of the unit. Document how the unit looked when you moved out by taking pictures and videos of the condition of the unit.

How do I demand my deposit back if my landlord refuses to return all, or part of my deposit?

California Civil Code §1950.5 requires that a landlord, within 21 days of a tenant vacating a unit, either return the full security deposit to the tenant, or send the tenant an itemized list of any lawful deductions made along with the balance of the security deposit.

If you have not heard from your landlord within 21 days of vacating the unit, or have not received your deposit or the itemized list of deductions with receipts from your landlord, you can first try sending a demand letter.

Your demand letter should include the following:

• Request your deposit in its entirety

• Mention Civil Code 1950.5 which says your landlord must give you your deposit within 21 days

• Describe the condition of the unit when you left

• Say if your landlord does not respond, you will be forced to take legal action

What if my demand letter is ignored?

If your landlord does not respond to your letter, or their response is unsatisfactory, you can sue them in small claims court. The California courts provide helpful information for filing in small claims court here: http://www.courts.ca.gov/selfhelp-smallclaims.htm.

Please note: This information does not create an attorney-client relationship and does not constitute legal advice. This is a non-exhaustive explanation of CA housing legal rights and remedies. If you need assistance in finding a lawyer, contact Centro Legal de la Raza. Last updated January 2023.