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Napa, CA Rental Property Rules: Security Deposit Rules (2026)

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

Key Facts

Standard Cap
1 month rent
Small-Landlord Cap
2 months (2 props/4 units max)
Return Window
21 days
Receipt Threshold
Required >$125 deductions
Statute
Civil Code Section 1950.5 (AB 12)

Summary

Security deposits on Napa residential rentals are capped at one month's rent under California AB 12, effective July 1, 2024, codified at Civil Code Section 1950.5(c). A narrow small-landlord exception preserves a two-month cap for natural-person landlords owning two or fewer rental properties with no more than four total units. Deposits must be returned within 21 days of move-out with an itemized statement of deductions and receipts for any deduction over $125.

(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. ... As used in this section, "security" means any payment, fee, deposit, or charge ... 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.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

5 to cap residential security deposits at one month's rent (furnished or unfurnished) for the vast majority of Napa rentals. A narrow small-landlord exception preserves the historical two-month cap for natural-person landlords (including LLCs whose members are all natural persons) who own no more than two residential rental properties and a combined total of no more than four units. 5(b)(1), who remain at the one-month cap regardless of landlord size. Deposits are still strictly limited to security against unpaid rent, repair of damage beyond ordinary wear and tear, cleaning to restore the unit to its move-in condition, and replacement of personal property as authorized by the lease.

5(g), the landlord must return the deposit or send an itemized accounting plus remaining balance within 21 calendar days of the tenant vacating. For deductions over $125, the landlord must provide copies of receipts or invoices, unless the tenant waives that requirement in writing. 5 governs entirely.

Violations & Fines

A Napa landlord who fails to return the deposit, charges an unlawful amount, or makes bad-faith deductions may be liable to the tenant for the wrongfully withheld amount plus statutory damages of up to twice the amount of the deposit under Civil Code Section 1950.5(l). Small-claims jurisdiction in Napa County Superior Court reaches up to $12,500. Pattern violations may be referred to the California Attorney General under the Unfair Competition Law (Business & Professions Code Section 17200).

Frequently Asked Questions

How much security deposit can a Napa landlord charge?
One month's rent for most rentals, effective July 1, 2024 under California AB 12 (Civil Code Section 1950.5(c)). Natural-person landlords owning two or fewer rental properties with no more than four total units may still charge up to two months' rent, but only one month for active-duty service-member tenants.
When must my Napa landlord return my security deposit?
Within 21 calendar days after you vacate, with either the full deposit returned or an itemized statement of deductions plus the remaining balance. For deductions exceeding $125, the landlord must include copies of receipts and invoices unless you waive that requirement in writing.
What if my Napa landlord won't return my deposit?
File a small-claims case in Napa County Superior Court (limit $12,500). Civil Code Section 1950.5(l) authorizes the deposit amount plus up to twice the deposit as statutory damages if the landlord acted in bad faith. Send a written demand first to document timing.

Sources & Official References

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