Berkeley vs Oakland
How do security deposit rules rules compare between Berkeley, CA and Oakland, CA?
Oakland has fewer restrictions than Berkeley.
Berkeley, CA
Alameda County
Berkeley caps residential security deposits at two months rent for unfurnished units and requires landlords to pay annual interest to tenants, layered atop California Civil Code Section 1950.5 protections.
View full Berkeley rules →Oakland, CA
Alameda County
California Civil Code Section 1950.5 caps residential security deposits at two months' rent for unfurnished units, and three months for furnished, with strict timelines for itemized return and limits on permitted deductions for damage beyond ordinary wear.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Unfurnished cap | Two months rent | - |
| Return deadline | 21 days | 21 days after move-out |
| Interest | Annual, Board-set | - |
| Code | BMC 13.78 | CA Civ. Code 1950.5 |
| Cap unfurnished | - | Two months rent |
| Cap furnished | - | Three months rent |
Highlighted rows indicate differences between cities.
Berkeley FAQ
What is the current interest rate?
The Rent Board publishes the rate every December. Recent rates have ranged from one to three percent depending on prevailing local savings rates.
Does AB 12 affect Berkeley caps?
California AB 12 lowered furnished caps to one month for most landlords starting July 2024. Berkeley applies the more protective state limit alongside its interest rule.
Oakland FAQ
Can my landlord deduct for normal wear and tear?
No. CA Civ. Code 1950.5 prohibits deductions for ordinary wear like minor scuffs, faded paint, or worn carpets. Deductions are allowed only for damage beyond ordinary use, unpaid rent, or contracted cleaning.
What if I do not get my deposit back in 21 days?
You can sue in small claims court for the unreturned amount plus up to twice the deposit as bad-faith penalties under CA Civ. Code 1950.5, plus reasonable attorney fees and court costs.
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