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Since July 1, 2024, California caps residential security deposits at one month's rent on top of the first month's rent, furnished or not (Civil Code § 1950.5). Some small landlords may collect up to two months, but never from a tenant who is a service member. Enter the rent and a few facts about the owner to see your limit.
Rules as of October 19, 2026. Deposits collected before July 1, 2024 are not affected by the one-month cap. This is general information, not legal advice.
What counts toward the cap
"Security" means any payment, fee, deposit or charge collected at the start of the tenancy for any purpose, other than a lawful application screening fee and the first month's rent. That includes:
- Pet deposits
- Cleaning fees and move-in fees
- Key or remote deposits
- Last month's rent collected in advance
A lease may not call any part of it "nonrefundable." One narrow exception: on a lease of six months or longer, an advance payment of at least six months' rent is allowed. More detail in California security deposit rules.
Service member tenants
The two-month small-landlord exception does not apply when the prospective tenant is a service member. Since April 1, 2025, if you charge a service member more than your standard security amount because of credit or rental history, you must give a written statement of the amount and the reason at or before signing, and return the extra after no more than six months if the tenant is not behind on rent. The return date goes in the lease. See military tenants and the SCRA.
Frequently asked questions
How much security deposit can a California landlord charge in 2026?
Generally one month's rent, in addition to the first month's rent, whether or not the unit is furnished. A landlord who is an individual, or an LLC whose members are all individuals, and who owns no more than two rental properties with no more than four units offered for rent in total, may collect up to two months, except from a service member.
Does a pet deposit count toward the limit?
Yes. Pet deposits, cleaning fees and key deposits are all "security" under Civil Code § 1950.5 and count toward the one-month cap.
Can I collect last month's rent on top of the deposit?
Last month's rent collected at move-in counts toward the cap, so the deposit plus last month's rent together cannot exceed the limit.
When do I have to return the deposit?
Within 21 calendar days after the tenant moves out, with an itemized statement. The deposit return deadline calculator works out the date and what to include.
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