Santa Clara County, 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 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.
(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.
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?
Where do I file a deposit dispute in unincorporated Santa Clara County?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview
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