Fairfield, CA Rental Property Rules: Security Deposit Rules (2026)
Key Facts
- Deposit Cap (Standard)
- 1 month's rent (post-Jul 2024)
- Small Landlord Exception
- 2 months (≤2 properties/≤4 units)
- Service Member Exception
- 1 month cap always applies
- Return Deadline
- 21 calendar days
- Itemization Threshold
- $125+ deductions require receipts
- Bad-Faith Penalty
- Up to 2x deposit (CC §1950.5(l))
Summary
Fairfield does not have a local security deposit ordinance; California Civil Code §1950.5 controls. Effective July 1, 2024, California Assembly Bill 12 (Haney) capped security deposits at one month's rent for both furnished and unfurnished residential properties, with a narrow exception allowing up to two months' rent for small landlords (natural persons or LLCs owning no more than two properties with a total of four units) when the tenant is not a service member. Deposits must be returned within 21 calendar days with an itemized statement.
1950.5. (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following: (1) The compensation of a landlord for a tenant’s default in the payment of rent.
Full Breakdown
5, as amended by AB 12, is now one of the most tenant-protective security deposit statutes in the United States. Effective July 1, 2024, the maximum deposit a landlord may demand and receive (including any 'last month's rent' or other deposit-like funds) is one month's rent regardless of whether the unit is furnished or unfurnished, replacing the prior framework of 2x rent for unfurnished and 3x for furnished. The 'small landlord' exception preserves a 2x cap for landlords who are natural persons or LLCs with all members being natural persons, who own no more than two residential rental properties with a combined total of four or fewer units; this exception does not apply when the tenant is an active-duty service member (relevant in Fairfield given the Travis Air Force Base population, which protects most military tenants under the 1x cap).
On termination, the landlord must return the deposit (less itemized deductions for unpaid rent, repair of damages beyond ordinary wear and tear, cleaning to return to the level at move-in, and restoration of personal property pursuant to lease) within 21 calendar days. If deductions exceed $125, the landlord must provide receipts or invoices. 5(l). 5(f). Fairfield's CRO program does not change the deposit rules; statewide statute controls.
Violations & Fines
Demanding more than one month's rent (or two months under the small-landlord exception): tenant may sue for the overcharge plus statutory damages of up to twice the deposit and attorney's fees. Failure to return the deposit within 21 days or provide proper itemization: bad-faith retention exposes the landlord to up to 2x the deposit amount in statutory damages under Civil Code §1950.5(l). Commingling deposits with operating funds is not per se illegal in California (unlike some states), but loss of the deposit due to commingling can support a bad-faith claim. Self-help retention to coerce post-tenancy payments is treated as bad-faith. Solano County Superior Court small claims handles deposit disputes up to $12,500 (the 2024 increase under AB 2347).
Frequently Asked Questions
What is the maximum security deposit a Fairfield landlord can charge?
When must my landlord return the deposit after I move out?
Sources & Official References
Other rules in Fairfield
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Security Deposit Rules in Nearby Cities
How other cities in Solano County handle security deposit rules.