Quick Answer
Within 21 calendar days after your tenant has vacated, Cal. Civ. Code § 1950.5(h) has you furnish an itemized statement and return the remaining deposit. When your repair and cleaning deductions together exceed $125, you also attach copies of the documents that show the charges, such as invoices and receipts, plus the photographs required by subdivision (g). For work you or your staff perform, the statement gives the time spent and the reasonable hourly rate. Statute text last checked October 2, 2026.
Key Takeaways
- The $125 line applies to repairs and cleaning combined. Above it, you attach the supporting documents (§ 1950.5(h)(2), (h)(4)).
- Your own labor is documented by hours and rate. Describe the work, the time spent, and a reasonable hourly rate.
- Photographs are part of the file. You take move-in photos for tenancies that begin on or after July 1, 2025, and move-out photos beginning April 1, 2025 (§ 1950.5(g)).
- Unfinished work can use an estimate. Deduct a good-faith estimate now and send the final documents within 14 calendar days of finishing the work (§ 1950.5(h)(3)).
- A tenant waiver has timing rules. It counts only when signed at the same time as or after a notice to terminate (§ 1950.5(h)(4)).
1. The 21-Day Statement and the $125 Threshold
Under § 1950.5(h), you furnish an itemized statement with the remaining deposit no later than 21 calendar days after your tenant has vacated. You may return the deposit by personal delivery, by a check mailed first-class, or electronically to a bank account your tenant designates when you received the security electronically.
Paragraph (2) adds the supporting documents: copies of the documents that show the charges incurred and deducted. Paragraph (4) excuses paragraphs (2) and (3) when your deductions for repairs and cleaning together do not exceed $125. Even then, the itemized statement itself is still due within the 21 days.
2. Documents by Type of Work
Outside Contractors and Cleaners
Attach a copy of the bill, invoice, or receipt. A document that names the vendor and describes each task gives your tenant, and a judge, more to work with than “general repairs.”
Your Own or Your Employees’ Work
The statement describes the work performed, the time spent, and the reasonable hourly rate charged. A rate that matches what a local handyman or cleaner would charge is easier to support than a round flat fee.
Materials
Attach the store receipt or supplier invoice for materials you bought for that unit, showing the date, the vendor, and the price.
3. Photographs (§ 1950.5(g))
Subdivision (g) requires photographs at three points:
- At move-in: immediately before or at the start of the tenancy, for tenancies that begin on or after July 1, 2025.
- After move-out: within a reasonable time after you regain possession and before the repairs or cleaning you will deduct for, beginning April 1, 2025.
- After the work: within a reasonable time after the repairs or cleaning are finished.
When you make a repair or cleaning deduction, paragraph (h)(2)(D) has you provide the photographs with the statement, with a written explanation. Take the photographs in every case, because subdivision (g) requires them. Whether you must send them for a deduction of $125 or less turns on paragraph (4), so confirm that point with your attorney.
4. Good-Faith Estimates When Work Takes Longer
When repairs cannot be finished within 21 days, paragraph (h)(3) lets you deduct a good-faith estimate and send it within the 21 days. You then finish the documentation within 14 calendar days of completing the repair, including the actual invoices, and return any difference.
5. Waivers
Under paragraph (h)(4), your tenant may waive the right to receive the documents by signing a waiver at the same time as or after a notice to terminate the tenancy. A lease clause signed at move-in does not meet that timing.
6. Comparison of Documentation Practices
| Item | Supported practice | Practice that invites a dispute |
|---|---|---|
| Contractor work | Itemized invoice naming the vendor and the tasks | “Repairs: $450” with no document |
| Your own labor | Task list with hours and an hourly rate | A flat “$300 cleaning charge” |
| Materials | Store receipt for items used in the unit | A lump-sum estimate with no receipt |
| Delayed work | Estimate by Day 21, final documents within 14 days of finishing | An estimate with no follow-up |
| Photographs | Move-in, move-out, and after-work sets, sent with the statement | No photographs for a repair deduction |
What This Guide Does Not Cover
This guide covers documentation for deposit deductions under California Civil Code § 1950.5. It describes what the statute says as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- The initial pre-move-out inspection, covered in the pre-inspection guide.
- Commercial and storage deposits.
- Local deposit interest ordinances.
- Court filings and claims after a dispute begins.