Vacaville does not impose a local security-deposit ordinance. Security deposits at Vacaville rental properties are governed by California Civil Code Section 1950.5, as amended by Assembly Bill 12 (Stats. 2023, Ch. 727), which capped most residential security deposits at the equivalent of one month's rent effective July 1, 2024 (with a limited two-month cap retained for certain small landlords who own no more than two residential properties with no more than four units, where the prospective tenant is not a service member). Section 1950.5 also requires deposits to be itemized and returned, with any deductions, within 21 calendar days of vacating, prohibits non-refundable deposits, and entitles a wrongfully-deprived tenant to recover the deposit, statutory damages of up to twice the deposit amount, and attorney fees in small-claims or civil action.
California Civil Code Section 1950.5 is the operative security-deposit statute at Vacaville addresses. Assembly Bill 12 (Stats. 2023, Ch. 727), effective July 1, 2024, amended Section 1950.5(c) to limit the security deposit a landlord may demand or receive on most residential tenancies to an amount equivalent to one month's rent, regardless of whether the dwelling is furnished or unfurnished. A narrow exception retained in Section 1950.5(c)(4) permits a landlord who is a natural person or an LLC where all members are natural persons, and who owns no more than two residential rental properties comprising in total no more than four dwelling units offered for rent, to collect up to two months' rent, but only if the prospective tenant is not a service member as defined in 50 U.S.C. Section 3911. Permitted uses of the deposit under Section 1950.5(b) include compensation for default in rent, repair of damages caused by the tenant or the tenant's guests (excluding ordinary wear and tear), cleaning to return the unit to its condition at inception, and (if specified in the lease) restoration of personal property. Section 1950.5(e) prohibits a lease from characterizing any portion of the security as 'non-refundable.' Section 1950.5(g) requires the landlord, no later than 21 calendar days after the tenant vacates, to furnish an itemized statement and return any remaining portion of the security by personal delivery or first-class mail; for deductions totaling $125 or more, the landlord must include receipts or estimates for the work. Section 1950.5(l) entitles a tenant whose deposit has been wrongfully withheld to recover the deposit, statutory damages of up to twice the security amount, and attorney fees in small-claims or civil action. Pre-move-out inspection rights under Section 1950.5(f) entitle the tenant to a joint inspection within the final two weeks of tenancy with an opportunity to cure identified deductible items.
Wrongful withholding of a security deposit is enforced primarily through Solano County Small Claims Court for amounts up to $12,500 (Cal. Code Civ. Proc. Sections 116.110 et seq.) or through limited civil action in Solano County Superior Court for larger amounts. Section 1950.5(l) authorizes the court to award the deposit, statutory damages up to twice the deposit, and attorney fees where statutorily permitted. Collecting more than the AB 12 cap exposes the landlord to immediate refund of the excess plus the same statutory-damages exposure. Failure to provide the itemized statement and refund within 21 days creates a presumption against the landlord in any subsequent action. Lease provisions characterizing any portion of the deposit as non-refundable are void under Section 1950.5(e) and unenforceable.
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