--- title: "California Landlord Rules: Deposits, Notices, Evictions" description: "California landlord-tenant rules: deposit capped at 1 month of rent, deposit returned within 21 days. Official sources linked." url: "https://mcc-solutionsnj.com/tools/california-landlord-rules" --- Free tool · California · Landlords and tenants # California landlord rules: deposits, notices and the eviction steps The deposit rules, notice periods, eviction case and small claims limit for California, each from the state's own pages or courts. **Quick answer.** Security deposit return deadline in California: 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. Deposit 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. **Sources checked:** November 2026 **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. 19 of 23 items are confirmed on official pages; 4 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. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - ### 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. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 - ### 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. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 - ### ConfirmedItemized list of deductions An itemized statement of what was deducted and why; copies of invoices or receipts when deductions are over $125. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 - ### 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. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 - ### 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. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 - ### 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. Sources: [California Department of Real Estate: California Tenants guide, 2026 edition (RE 26, Rev. 1/1/26)](https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf); [California Courts Self-Help Guide: Guide to security deposits in California](https://selfhelp.courts.ca.gov/guide-security-deposits-california); [California Attorney General: Know Your Rights as a California Tenant, Security Deposits](https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf), checked November 2026 More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-CA) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=CA) ## 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)](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types), 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](https://www.dre.ca.gov/publications/ResourceGuidebook/gb10_movingout.html), 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](https://www.dre.ca.gov/publications/ResourceGuidebook/gb08_living.html), 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)](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types), 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](https://www.dre.ca.gov/publications/ResourceGuidebook/gb08_living.html), 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](https://www.dre.ca.gov/publications/ResourceGuidebook/gb08_living.html), checked November 2026 (Civil Code 1499 (as cited by DRE)) | More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-CA) · [Notice date calculator](/tools/notice-date-calculator?state=CA) ## Eviction case, in order (6 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. #### 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](https://sdcourt.ca.gov/sdcourt/civil2/LandlordTenant/LandlordTenantFAQsMain/TenantFAQs), checked November 2026 - #### 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](https://www.butte.courts.ca.gov/system/files/general/2026-statewide-civil-fee-schedule.pdf), checked November 2026 - **The tenant's answer or appearance** #### 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)](https://selfhelp.courts.ca.gov/eviction-tenant/summons-complaint), checked November 2026 - **Hearing or trial** #### Not confirmedHearing after filing Not confirmed — check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case). Not confirmed on an official page we opened. - **Judgment and the writ** The order that lets the officer act. #### Not confirmedJudgment to writ Not confirmed — check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case). Not confirmed on an official page we opened. - **Lockout** Carried out by an officer, not by either side. #### 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](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case), checked November 2026 - #### 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](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case), checked November 2026 - **Along the way** Paying to stop the case, counsel and diversion programs. #### Not confirmedPaying to stop the case Not confirmed — check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case). Not confirmed on an official page we opened. - #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here. Local: San Francisco (2018), Los Angeles County (2024) and the City of Los Angeles (2025) have their own right-to-counsel laws.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026 - #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case). Not confirmed on an official page we opened. 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: [California eviction process](/tools/eviction-process-california) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=ca) ## Deposit disputes: small claims - ### 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](https://selfhelp.courts.ca.gov/small-claims-basics), checked November 2026 More: [California small claims court](/tools/small-claims-california) ## Still to confirm - Hearing after filing: check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case) - Judgment to writ: check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case) - Paying to stop the case: check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case) - Diversion or mediation (statewide): check [California Courts Self-Help Guide: What happens if you lose your eviction case](https://selfhelp.courts.ca.gov/eviction-tenant/lose-case) 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](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords) ## Keep rental records in order [Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)