California Security Deposit Timeline: 21-Day Rules, Deadlines, and AB 12 Caps (2026)

Quick answer

California deposit accounting generally requires an itemized statement and remaining refund within 21 calendar days after vacancy.

Unfinished repairs can involve a statutory good-faith estimate procedure.

AB 12 caps and AB 2801 landlord photo duties have separate dates, conditions and exceptions.

Disclosure:

TaoApex develops DepositPacket. This is a first-party documentation review, not legal advice or a court-outcome study.

The statutory references were checked against the California DRE's 2026 law compilation. Seek qualified advice for a disputed deduction.

When does the 21-day clock start?

Civil Code §1950.5(h), in DRE's 2026 law compilation,

requires the landlord to provide the required accounting and remaining refund no later than 21 calendar days after the tenant vacates.

Record the actual vacancy date rather than assuming the lease end date controls.

Seek legal assistance if the relevant date is disputed.

How much can a California landlord charge in 2026?

From July 1, 2024, most residential deposits are capped at one month of rent.

A qualifying natural-person landlord, or LLC whose members are natural persons, with no more than two residential rental properties and four units may qualify for a two-month exception.

Military tenants have additional protections. Check §1950.5(c) for older deposits and exceptions; not every small landlord qualifies.

What AB 2801 requires (the photo rules)

These are landlord duties, not tenant duties.

Photos after vacancy, before deductible repairs or cleaning, and after that work apply from April 1, 2025.

Before-tenancy photos apply to tenancies beginning on or after July 1, 2025. Required photos accompany the accounting.

See the Senate AB 2801 summary, page 194 for the two dates and the current DRE tenant guide for the before-tenancy scope.

A tenant's app does not replace landlord obligations or guarantee a successful dispute.

What can legally be deducted?

Deductions must meet the current §1950.5 conditions, including unpaid rent, damage beyond ordinary wear and tear, and reasonable cleaning to restore the initial level of cleanliness.

A carpet or painting charge is not automatically lawful. Compare the initial condition, vacancy records, required photos and actual invoices.

What to do when the 21 days pass

First check the accounting, balance due and any good-faith estimate for unfinished work.

Send an itemized objection with real records and retain delivery evidence.

Seek legal aid, mediation or the appropriate court process if unresolved.

Bad-faith damages require the legal conditions and are not automatic.

How to keep your own timeline

Record the actual vacancy date, accounting and refund received, and the dates of photos and receipts.

The DepositPacket workflow shows photo organization and packet export. Organized records support review; they do not guarantee a dispute outcome.

DepositPacket supports free recording; packet export requires a paid subscription.

It organizes documentation, not legal advice, and does not guarantee refunds, compliant service or litigation outcomes.

FAQ

When does AB 12 apply?

The one-month cap applies from July 1, 2024 with statutory exceptions. Check §1950.5(c) for the applicable tenancy and landlord.

Who has AB 2801 photo duties?

The landlord. Photos after vacancy, before deductible repairs or cleaning, and after that work apply from April 1, 2025.

Before-tenancy photos apply to tenancies beginning on or after July 1, 2025.

Tenants can keep their own records, but these do not replace required landlord documentation.

Is a text message automatically compliant delivery?

Electronic delivery of the refund or accounting depends on the statutory conditions and agreement.

A text message is not automatically compliant delivery; check the current §1950.5(h).

References

• California DRE, 2026 Real Estate Law, Civil Code §1950.5, printed pages 145–147: https://www.dre.ca.gov/files/pdf/relaw/excerpts.pdf
• California DRE, Before You Agree to Rent: https://www.dre.ca.gov/publications/ResourceGuidebook/gb07_when.html
• California Attorney General, Security Deposits: https://www.oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf
• California Senate Judiciary, AB 2801 summary, printed page 194: https://sjud.senate.ca.gov/system/files/2025-01/2023-24-sjud-legislative-summaries-final-pdf.pdf