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Twain Harte, 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
One month rent
Small-landlord cap
Two months rent
Return deadline
21 calendar days
Receipt threshold
Charges over $125

Summary

California Civil Code 1950.5 caps Twain Harte residential security deposits at two months' rent for unfurnished units or three months for furnished, with strict 21-day return and itemization rules after move-out.

1950.5. (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, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements: (i) The landlord is a natural person or a limited liability company in which all members are natural persons. (ii) The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent. (h) (1) No later than 21 calendar days after the tenant has vacated the premises... the landlord shall furnish the tenant, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant. (n) A lease or rental agreement shall not contain a provision characterizing any security as "nonrefundable."

Source: California Civil CodeView official code

Full Breakdown

Tuolumne County has no local deposit ordinance, so state law controls. AB 12 reduced the cap to one month's rent for most landlords starting July 2024, with a two-month allowance for small landlords who own no more than two properties with up to four total units, common in Twain Harte. After tenancy ends, landlords must return the deposit or itemized statement within 21 calendar days; charges over $125 require receipts. Wear and tear cannot be deducted. Bad-faith retention exposes landlords to twice the wrongfully withheld amount.

Violations & Fines

Bad-faith retention or missed 21-day deadlines lead to small-claims judgments for the deposit, statutory penalty up to two times the amount, and tenant attorney fees.

Frequently Asked Questions

Can my Twain Harte landlord charge two months deposit?
Only if they qualify as a small landlord owning two or fewer rental properties with no more than four total units under AB 12.
What if my deposit is not returned in 21 days?
Send a written demand citing Civil Code 1950.5; small-claims court can award the deposit plus up to twice that amount as a bad-faith penalty.

Sources & Official References

Other rules in Twain Harte

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