Sources checked:
Quick answer. California: deposit capped at 1 month of rent; deposit returned within 21 days; 3-business-day notice for unpaid rent; 24-hour entry notice; $240 eviction filing fee; $12,500 small claims limit. 18 of 23 items are confirmed on official pages; 5 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 21 days
- Month-to-month notice (landlord)
- Rented less than 1 year: 30 days; Rented 1 year or more: 60 days
- Unpaid rent notice
- 3 business days
- Entry notice
- 24 hours
- Filing fee
- $240
- Time to answer or appear
- 10 court days
- Writ to lockout
- 5 days
- Small claims limit
- $12,500
Security deposit (6 of 6 confirmed)
Law read: Civil Code 1950.5.
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ConfirmedDeposit limit
Since July 1, 2024, no more than one month's rent, and other deposits and fees count toward it. A small landlord (a person or owner-held LLC with one or two properties and no more than 4 rental units) may charge up to two months, but only one month to a service member.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
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ConfirmedReturn deadline
Within 21 days after the tenant moves out: the deposit, or the deposit minus deductions with an itemized statement. If repairs aren't done in 21 days, a good-faith estimate, then receipts within 14 days after the work is done.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
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ConfirmedItemized list of deductions
An itemized statement of what was deducted and why; copies of invoices or receipts when deductions are over $125.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
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ConfirmedInterest on the deposit
The Attorney General's guide lists no state interest requirement and says some cities make landlords pay interest; check your city or county rules.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
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ConfirmedWhere the deposit is held
The Attorney General's guide names no account type: the landlord holds the deposit until the tenant moves out, and on a sale returns it or transfers it to the new owner.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
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ConfirmedPenalty the law states
In a bad-faith case, the court may award up to twice the amount of the deposit, plus the tenant's damages.
Source: California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | 30 days if the tenant has rented less than 1 year; 60 days if 1 year or more. Where the state just-cause law applies, the landlord also needs a legal reason. | Source: California Courts Self-Help Guide: Types of eviction notices (landlords), checked November 2026 (Civil Code 1946.1; 1946.2) |
| Ending month-to-month (tenant) | Written notice at least 30 days before moving for a month-to-month tenancy (7 days for week-to-week), or what the rental agreement requires if it sets a different period. | Source: California Department of Real Estate: California Tenants guide, moving out, checked November 2026 (Civil Code 1946) |
| Rent increase notice | 30 days' notice for an increase of 10% or less; 90 days' written notice for more than 10%. | Source: California Department of Real Estate: California Tenants guide, living in the rental unit, checked November 2026 (Civil Code 827(b); 1947.12(a)) |
| Unpaid rent notice | 3 days to pay or move, not counting Saturdays, Sundays and court holidays. Late fees, utilities and damages can't be demanded in this notice. | Source: California Courts Self-Help Guide: Types of eviction notices (landlords), checked November 2026 (Code of Civil Procedure 1161(2)) |
| Entry notice | 24 hours' advance written notice is reasonable in most situations; notice mailed at least 6 days before entry is presumed reasonable. | Source: California Department of Real Estate: California Tenants guide, living in the rental unit, checked November 2026 (Civil Code 1954) |
| Late fee limits | No set cap in the guide. A late fee so high that it amounts to a penalty is not valid; some local rent ordinances limit late fees. | Source: California Department of Real Estate: California Tenants guide, living in the rental unit, checked November 2026 (Civil Code 1499 (as cited by DRE)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (5 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 3 days to pay or move, not counting Saturdays, Sundays and court holidays. Late fees, utilities and damages can't be demanded in this notice.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The superior court of the county where the rental is (an unlawful detainer case).
Superior Court of California, County of San Diego
Source: Superior Court of California, County of San Diego: Tenant Frequently Asked Questions, checked November 2026
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ConfirmedFiling fee
$240 when the amount demanded is $10,000 or less; $385 over $10,000 up to $35,000 (statewide schedule effective January 1, 2026).
Complaint or other first paper in unlawful detainer (amount up to $10,000)
Source: Superior Court of California: Statewide Civil Fee Schedule (effective January 1, 2026), posted by the Butte County court, checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
10 court days after personal service to file an Answer (weekends and court holidays don't count); more if served another way.
You have 10 court days to file an Answer form or other legal forms after you're handed (served)
Source: California Courts Self-Help Guide: Summons-Unlawful Detainer-Eviction (form SUM-130), checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check California Courts Self-Help Guide: What happens if you lose your eviction case. Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check California Courts Self-Help Guide: What happens if you lose your eviction case. Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
After the writ, the sheriff serves a Notice to Vacate that gives 5 days to move out.
this gives you 5 days to move out.
Source: California Courts Self-Help Guide: What happens if you lose your eviction case, checked November 2026
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ConfirmedWho carries out the lockout
The sheriff serves the Notice to Vacate and locks out a tenant who stays.
If you don't move out, the sheriff can lock you out of your home.
Source: California Courts Self-Help Guide: What happens if you lose your eviction case, checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check California Courts Self-Help Guide: What happens if you lose your eviction case. Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check California Courts Self-Help Guide: What happens if you lose your eviction case. Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check California Courts Self-Help Guide: What happens if you lose your eviction case. Not confirmed on an official page we opened.
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Riverside's chart says the trial is typically set within 20 days; that is a county description, not a statewide rule, so no hearing range is used here. The state guide says a tenant approved for rental help may be able to stop the eviction.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Monday, March 15, 2027 |
Help the official pages name: Local legal aid, law library or the court's self-help center and Bay Area Legal Aid, the Law Foundation of Silicon Valley and the court's Self-Help Center (Santa Clara County's list).
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$12,500: the most a small claims case can ask for.
Individuals can generally sue for up to $12,500; businesses up to $6,250. Since October 1, 2025 a landlord can't sue in small claims for unpaid COVID-19 rental debt above $12,500.
Filing fee to start a case: $30 to $100.
Source: California Courts Self-Help Guide: Small claims in California, checked November 2026
More: California small claims court
Still to confirm
- Hearing after filing: check California Courts Self-Help Guide: What happens if you lose your eviction case
- Judgment to writ: check California Courts Self-Help Guide: What happens if you lose your eviction case
- Paying to stop the case: check California Courts Self-Help Guide: What happens if you lose your eviction case
- Right to counsel (statewide): check California Courts Self-Help Guide: What happens if you lose your eviction case
- Diversion or mediation (statewide): check California Courts Self-Help Guide: What happens if you lose your eviction case
California kit
California Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the California return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in California?
Since July 1, 2024, no more than one month's rent, and other deposits and fees count toward it. A small landlord (a person or owner-held LLC with one or two properties and no more than 4 rental units) may charge up to two months, but only one month to a service member.
How long does a California landlord have to return a deposit?
Within 21 days after the tenant moves out: the deposit, or the deposit minus deductions with an itemized statement. If repairs aren't done in 21 days, a good-faith estimate, then receipts within 14 days after the work is done. What goes with it: An itemized statement of what was deducted and why; copies of invoices or receipts when deductions are over $125.
How much notice ends a month-to-month tenancy in California?
From the landlord: 30 days if the tenant has rented less than 1 year; 60 days if 1 year or more. Where the state just-cause law applies, the landlord also needs a legal reason. From the tenant: Written notice at least 30 days before moving for a month-to-month tenancy (7 days for week-to-week), or what the rental agreement requires if it sets a different period.
What notice comes before an unpaid-rent case in California?
3 days to pay or move, not counting Saturdays, Sundays and court holidays. Late fees, utilities and damages can't be demanded in this notice.
How much notice before a landlord enters a rental in California?
24 hours' advance written notice is reasonable in most situations; notice mailed at least 6 days before entry is presumed reasonable.
How long does an eviction case take in California?
Time to answer or appear: 10 court days. Writ to lockout: 5 days. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in California?
$240 when the amount demanded is $10,000 or less; $385 over $10,000 up to $35,000 (statewide schedule effective January 1, 2026).
Related: Landlord rules by state · Kits for landlords