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Californiaยท Answer

Can a California landlord keep the deposit for unpaid rent only?

Short answer

Yes, the security deposit can be applied to unpaid rent at end of tenancy in California. The landlord must still send the itemized statement under Cal. Civ. Code 1950.5(h)(1) within 21 days, listing the unpaid rent amount and the months it covers. If the deposit fully covers the unpaid rent, the landlord retains the deposit and the tenant owes nothing further. If the deposit is less than the unpaid rent, the landlord can keep the entire deposit and pursue the balance through small-claims court. If the deposit exceeds the unpaid rent, the landlord must return the difference to the tenant. Up to twice the wrongfully withheld amount if the court finds bad faith. Attorney fees also recoverable.

Source: Cal. Civ. Code 1950.5(h)(1)


Honest limits

This is an informational answer based on Cal. Civ. Code 1950.5(h)(1) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a California-licensed attorney.

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