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. If work cannot finish in 21 days, paragraph (h)(3) lets you deduct a good-faith estimate and send the final documents within 14 calendar days of finishing. Statute text last checked October 2, 2026.
Key Takeaways
- The clock is 21 calendar days. It runs from the day your tenant has vacated (§ 1950.5(h)).
- Two things go out together. The itemized statement and the remaining deposit.
- You may deduct only what is reasonably necessary. Section 1950.5(b) and (e) limit deductions to unpaid rent, damage beyond ordinary wear and tear, and cleaning to the move-in level.
- The $125 line covers repairs and cleaning combined. Above it, you attach supporting documents (§ 1950.5(h)(2), (h)(4)).
- Estimates need a follow-up. Send the actual documents within 14 calendar days of finishing the work (§ 1950.5(h)(3)).
1. The Strict 21-Calendar-Day Accounting Window
Section 1950.5(h) gives you 21 calendar days after your tenant has vacated to furnish an itemized statement showing the basis for and amount of each deduction, together with the remaining deposit. The statute counts calendar days. Code of Civil Procedure § 12 treats a last day that falls on a weekend or holiday as running to the next court day, but plan to deliver by Day 21 and do not depend on that rule.
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 deposit electronically. Keep proof of the date and the method.
2. Permissible Deductions vs. Ordinary Wear and Tear
Section 1950.5(b) limits the uses of the deposit, and subdivision (e) allows only amounts reasonably necessary for those uses:
- Unpaid rent owed by the tenant.
- Repair of damage caused by the tenant or a guest or licensee, exclusive of ordinary wear and tear (§ 1950.5(b)(2)).
- Cleaning needed to return the unit to the level of cleanliness it had at the start of the tenancy (§ 1950.5(b)(3)).
You may not claim ordinary wear and tear or its cumulative effects. Repainting after a long tenancy, routine carpet wear, and small nail holes are ordinary costs of owning a rental. See the carpet and wear and tear guide.
3. The $125 Statutory Receipt Threshold
California Security Deposit Deduction Decision Flow
and tear?
of paid invoices
attaching bills
permitted
within 21 days
Paragraph (h)(2) calls for copies of the documents that show the charges you incurred and deducted. Paragraph (h)(4) excuses that when your deductions for repairs and cleaning together do not exceed $125. The statement itself is still due in 21 days.
- Outside vendors: attach the bill, invoice, or receipt.
- Your own or your staff’s work: describe the work, the time spent, and a reasonable hourly rate.
- Materials: attach the receipt for items you bought for that unit.
- Photographs: subdivision (g) requires photographs, and paragraph (h)(2)(D) has you provide them with a written explanation for a repair or cleaning deduction.
For more on documents, see the receipts guide.
4. Good Faith Estimates for Extended Repairs
When repairs cannot be finished within 21 days, paragraph (h)(3) lets you:
- Deduct a good-faith estimate and send it with the itemized statement and any refund within the 21 days.
- Finish the work and send the final documents, including the actual invoices, within 14 calendar days of finishing, with any difference refunded.
5. If You Miss the Deadline
Bad-faith retention of a deposit can lead to statutory damages of up to twice the deposit, in addition to actual damages. A good-faith failure does not forfeit your right to recover actual damages in a lawsuit (Granberry v. Islay Investments (1995) 9 Cal.4th 738), though the case interpreted an earlier version of the statute, so ask your attorney how it applies today.
6. Questions Owners Ask
Do I count the day the tenant leaves? Count from the day after your tenant has vacated, and treat Day 21 as the last day to deliver.
Do I send photographs for a $90 deduction? Take them either way. Ask your attorney whether paragraph (h)(4) excuses sending them at that amount.
Can I wait for a final invoice? Yes, with a good-faith estimate inside the 21 days and the documents within 14 days of finishing.
What This Guide Does Not Cover
This guide covers the 21-day itemized statement under California Civil Code § 1950.5(h) for residential tenancies. It describes the statute as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Commercial tenancies and out-of-state properties.
- Deposit caps, covered in the AB 12 guide.
- Local rules on interest on deposits.
- Small claims procedure.