Is there a legal cap on how big my security deposit could have been?
Two months' rent used to be the standard number tenants heard, and landlords still quote it out of habit. That changed. As of July 1, 2024, a California residential deposit generally can't exceed one month's rent, regardless of what the lease says or what was customary before.
The exception is narrow and specific: an individual small-scale landlord, someone renting out property in their own name rather than through an LLC or corporation, whose entire rental holdings top out at two properties and four units combined, gets to keep the older two-month standard. Being a servicemember overrides that exception entirely, dropping the cap back to one month regardless of who your landlord is. Paying above the legal ceiling on a tenancy that began after the cutoff isn't folded into your deposit fight, it stands on its own as a separate thing to raise.
Landlord keeping your deposit?
See what you're owed and get your demand letter and claim prepared.
File a ComplaintSueEasy is a self-help legal technology product built by LegalForce RAPC Worldwide, P.C. This page is for general information and is not legal advice. We are not a law firm and cannot represent you in court.