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Santa Clara County, CA Rental Property Rules: Security Deposit Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code
Cal. Civ. Code §1950.5
Cap
One month's rent
Effective
July 1, 2024 (AB-12)
Return deadline
21 days after move-out
Bad-faith penalty
Up to twice deposit amount

Summary

California Civil Code §1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent statewide. Santa Clara County adds no local cap, so the state rule governs unincorporated and incorporated rentals alike.

City-specific rules exist: San Jose has its own security deposit rules rules that differ from Santa Clara County's county-level regulations. If you live in San Jose, check the city-specific page instead.

(c)(1) Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy. (2) This subdivision does not prohibit an advance payment of not less than six months' rent if the term of the lease is six months or longer. (5)(A) Notwithstanding paragraph (1), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months' rent... if the landlord is a natural person or a limited liability company in which all members are natural persons.

Source: California Civil Code §1950.5View official code

Full Breakdown

Civil Code §1950.5, as amended by AB-12, caps residential security deposits at one month's rent regardless of furnishing status. A narrow small-landlord exception lets owners with two or fewer properties and four or fewer total units charge up to two months, except where the tenant is an active-duty service member. Landlords must return the deposit within 21 days after move-out together with an itemized statement of any deductions for unpaid rent, contracted cleaning, or tenant-caused damage beyond ordinary wear. Santa Clara County has no overriding local cap; tenants in unincorporated areas use small claims court or the Office of Supportive Housing's referral resources for disputes.

Violations & Fines

Wrongful retention of a deposit exposes the landlord to statutory damages of up to twice the deposit amount in addition to the wrongfully held sum, recoverable through Santa Clara County small claims court.

Frequently Asked Questions

Can a Santa Clara landlord ask for last month's rent on top of a deposit?
Combined deposit plus advance rent beyond the first month is treated as a security deposit and capped at one month's rent under §1950.5. Anything more is recoverable as wrongful retention.
Where do I file a deposit dispute in unincorporated Santa Clara County?
Santa Clara County small claims court hears deposit cases up to $12,500. The county does not run a deposit mediation program, but Project Sentinel offers free pre-litigation assistance to qualifying tenants.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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