San Diego, CA Rental Property Rules: Security Deposit Rules (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
Summary
California Civil Code §1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent statewide. San Diego follows state law without adding a local cap or registration requirement.
(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. (2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant. [...] (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.
Full Breakdown
Under Civil Code §1950.5 as amended by AB-12, residential security deposits are capped at one month's rent regardless of whether the unit is furnished. A narrow small-landlord exception allows owners of two or fewer properties with four or fewer total units to charge up to two months, except when the tenant is an active-duty service member. Landlords must return the deposit within 21 days of move-out together with an itemized statement of deductions. Allowable deductions cover unpaid rent, cleaning to the move-in level, and tenant-caused damage beyond ordinary wear. San Diego has not enacted local rules expanding or contracting this state cap.
Violations & Fines
Bad-faith withholding can trigger statutory damages up to twice the deposit amount plus the retained sum, recoverable in small claims court. Landlords also forfeit defenses if no itemization is provided within 21 days.
Frequently Asked Questions
Can a San Diego landlord demand last month's rent plus a deposit?
Does San Diego have its own deposit rule?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.