California Civil Code Β§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.
Civil Code Β§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.
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.
Santa Clara, CA
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Santa Clara, CA
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See how Santa Clara's security deposit rules rules stack up against other locations.
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