SueEasy - A LegalForce Law Firm

Deposit recovery

Landlord not returning your security deposit?

SueEasy helps you review your landlord's deductions, spot violations of California's security deposit law, and prepare your small claims case, with fees starting at $199.

File a Complaint
Sue, your SueEasy AI case assistant: “Hi, I’m Sue. I’m your AI case assistant, and I’m here to help.”
0days
He had to return your deposit or send an itemized statement
0x
Your deposit, the statutory damages ceiling for bad faith
0years
The window to bring a deposit claim on a written lease

Acting early

The cost of waiting to claim your security deposit

Evidence gets harder to recover

Move-out photos and receipts get lost. Waiting thins your evidence packet.

Your money stays out of your hands

Every month you wait is a month your landlord holds money that may be legally yours.

You're on a real clock

A deposit claim on a written lease has a statutory window. Wait too long and it closes.

Bad-faith damages get harder to argue

The up-to-2x penalty hinges on bad faith. A prompt paper trail supports that, a delay undercuts it.

File a Complaint

Claim pricing

What it costs to recover your security deposit

Prepare

$0

Start free, see what you're owed before you pay

  • Full guided intake
  • Deposit and statutory damages estimate
  • Review of your landlord's itemized statement
  • Draft demand letter preview
File a Complaint
Priced by claim size, set automatically

File it yourself

$199-$1,299

Priced by how much you're claiming

  • Claim under $2,500: $199
  • Claim $2,500-$7,500: $699
  • Claim over $7,500: $1,299
  • Complete demand letter and SC-100, ready to file
File a Complaint
Add-on

Add attorney review

+$1,000-$1,500

Extra confidence, priced by claim size

  • Everything in File it yourself
  • Licensed CA attorney review
  • Revisions before filing
  • Attorneys can't appear in small claims court, so this is advisory only
Add an attorney

Court filing fees are separate, paid to the clerk, and can vary from roughly $30 to $75 depending on the size of the claim. This covers preparing your demand letter and claim. It does not include legal representation unless you add attorney review, and we do not appear in court on your behalf because California small claims courts do not allow attorneys to represent parties at the hearing.

When you might not need us

Under about $1,500? Starting a small claims case takes one free form, the SC-100, plus a free county advisor whose job is helping you fill it out. And if your landlord already sent a detailed list with receipts and photos, and you just disagree about, say, $200 of cleaning, that's a dispute about facts. Harder to win, and no service changes that.

The value is in the analysis, not the forms

The SC-100 form is free everywhere. What we actually charge for is figuring out whether the 21-day clock was missed, whether the AB 2801 photos are missing, and which deduction category your landlord's charges don't actually fit into. Then we build your demand letter around whichever argument is strongest.

Deposit rules

California's 21-day security deposit rules

21 calendar days

Not business days. He had to return the full deposit or send an itemized statement, with both happening inside the window.

When the clock starts

From when he regains possession, meaning your keys go back, not your lease end date.

Weekends count

Calendar-day counting, the opposite of how eviction deadlines work, a common point of confusion.

Kept the keys?

Moved out early but kept the keys? The clock starts only once the keys actually go back.

Late itemization or check

Statement on day 20, balance on day 35, that's not compliance. Both are required within 21 days.

No forwarding address?

He still has to send the itemization to your last known address, even the unit itself.

Four categories only, a closed list under Civil Code 1950.5(b):

Unpaid rent

The only financial deduction outside of damage or cleaning.

Damage repair

Beyond ordinary wear and tear, caused by you or your guests.

Cleaning

Back to move-in condition, not "spotless," the same as you received it.

Replacing property

Furniture or appliances your lease covered, if the loss wasn't ordinary wear.

Usually wear and tear

Faded paint after years, flattened carpet paths, small nail holes, worn hinges.

Usually damage

Pet stains, burns, gouges, drywall anchors, a door off its frame, cracked tile.

Painting

Only chargeable beyond ordinary wear. Routine repaint between tenants is a cost of doing business.

Carpet cleaning

Only where reasonably necessary. A blanket "professional cleaning" clause isn't enforceable as a deduction.

Proration by age

Paint and carpet have a useful life, commonly five to ten years, older material should be prorated.

AB 2801 photos

The AB 2801 photo rule for security deposits

AB 2801 is a California Assembly Bill, state law that amended the security deposit statute to add these photo requirements.

The photo rule

  • Since April 1, 2025, a landlord deducting for repairs or cleaning must photograph the unit before work begins, and again after
  • For tenancies starting on or after July 1, 2025, he also needed move-in photos, not retroactive for older tenancies
  • Both before and after sets must be included with the itemized statement, not just referenced
  • Doesn't matter how long you lived there, even a decade-long tenancy needed move-out photos if you left after April 2025

Paperwork required

  • A written itemized statement listing every deduction and the leftover money, required within 21 days regardless of the photo rule
  • Receipts and invoices for the deductions themselves, a charge with no invoice behind it is the weakest line on any statement
  • Documentation required for repair work over roughly $126, and for his own employees' labor, a statement of hourly rate and hours worked
What missing documentation means

Missing photo documentation bars the deduction entirely, not just reduces it. Judges apply this with some flexibility, so treat it as a strong argument, not an automatic win.

File a Complaint

Claim value

What is your security deposit claim actually worth?

Deposit withheld

The portion he kept without a valid, documented reason.

Up to 2x for bad faith

Civil Code 1950.5(l), discretionary, not automatic.

Actual damages

A specific, documented loss beyond the deposit, less common.

Your filing costs

Generally recoverable by the prevailing party, add them to your claim.

Penalty more likely

  • No itemized statement sent at all
  • Charges he can't document
  • A written demand was ignored
  • Deductions for conditions he already knew about

Penalty less likely

  • He was a few days late, otherwise complied
  • A genuine, good-faith dispute over damage
  • Part returned promptly, rest disputed reasonably
  • An honest arithmetic error, later corrected

Filing process

How to sue your landlord for your security deposit

01

Before filing

Send a demand letter first. Not required, but a meaningful share of disputes settle here.

  • Property & datesAddress, tenancy dates, deposit amount, date possession returned
  • The exact deadlineThe date the 21-day window expired, stated plainly
  • What you disputeEach deduction you challenge, cite Civil Code 1950.5
  • A number & deadlineWhat you're demanding, usually 14 days, plus a forwarding address
02

File form SC-100

SC-100 is the "Plaintiff's Claim and Order to Go to Small Claims Court," the actual form that starts your case. In the county where the rental property sits, even if you've since moved.

  • Filing fee$30 up to $1,500, $50 up to $5,000, $75 up to $12,500
  • The cap$12,500 for an individual claimant
  • Fee waiverAvailable on form FW-001
  • Frequency ruleNo more than two claims above $2,500 per year statewide
03

Name the defendant

Get this wrong and you can win the hearing and hold an unenforceable judgment.

  • Individual landlordCorrect legal name, current address
  • LLC or corporationName the entity exactly as registered
  • Property manager onlyName both owner and manager, costs nothing extra
  • Property sold mid-tenancyName both old and new owner
04

Serve the papers

You can't serve them yourself, California gives you three routes.

  • Certified mailCheapest, ~$15, only works if he signs
  • Personal serviceA friend or process server, $60-$100, most reliable
  • Substituted serviceLeave with an adult, then mail a copy
  • Deadlines15 days in-county, 20 if outside, proof filed on form SC-104, the court's "Proof of Service" form
05

Prepare your evidence

Three copies of everything, one for the judge, him, and you.

  • Paper trailLease, deposit proof, itemized statement
  • PhotosDate-stamped move-out photos, every room
  • CommunicationDemand letter, mail receipt, texts and emails in order
  • One-page summaryDates and amount claimed, your highest-leverage document
06

At the hearing

Sworn in, briefly explain your claim, lead with the timeline. No attorneys allowed.

  • "It was damaged"Answer with photos and the wear-and-tear framework
  • "I sent the statement"Ask for his mailing record
  • "Repairs cost more"Ask for invoices, none is his weakest defense
  • "You broke the lease"Doesn't convert a deposit into a forfeiture
07

After judgment

A judgment is permission to collect, not money.

  • AskSend the judgment with a payment deadline
  • Judgment debtor examCompels him into court under oath about his assets
  • Abstract of judgmentA lien on any property he owns in the county
  • Writ of executionA bank levy or till levy through the sheriff
  • Wage garnishmentUp to 20% of disposable earnings, if he's employed
  • Interest & duration10% a year, enforceable for 10 years, he can appeal within 30 days, a full new hearing, not just a review
File a Complaint

Common questions

Security deposit FAQs

Does California's 21-day security deposit deadline include weekends?
Yes. It runs on calendar days, not court days, so weekends and holidays count toward the total. If the twenty-first day falls on a Sunday, the deadline is still that Sunday, it doesn't push to Monday. This is the opposite of how eviction deadlines are counted, which is exactly why people get it wrong.
The landlord sent the statement on time but the refund check was late, is that still a violation?
Yes. Both the itemized statement and the actual refund are required within the same 21 days. Sending the itemization on day 20 and the balance on day 35 is not compliance, and it's actually a decent bad-faith argument in your favor, since it shows he knew exactly when the deadline was.
Is there a legal cap on how big my security deposit could have been?
Since July 1, 2024, most California residential deposits are capped at one month's rent. A landlord who is a natural person owning no more than two residential properties totaling no more than four units may charge up to two months, unless the tenant is a servicemember, in which case the one-month cap applies regardless. If you paid more than the cap on a tenancy that started after that date, that's a separate claim from a wrongful-deduction dispute.
Can my landlord deduct my California security deposit for repainting?
Only where the paint damage goes beyond ordinary wear, and even then he should account for the paint's age. Repainting between tenancies as routine turnover is a cost of doing business for the landlord, not a legitimate deposit deduction.
What happens if I never gave my landlord a forwarding address?
He still has to send the itemization to your last known address, which may simply be the unit itself. Failing to provide a forwarding address weakens your practical position, since mail might not reach you, but it doesn't excuse his statutory obligation. Provide one in writing regardless, ideally inside your demand letter.
My landlord is threatening to counterclaim for more than my deposit, should I still file?
He can counterclaim, up to whatever limit applies to his side of the case. Assess it honestly before you file. If you genuinely left $4,000 of damage on a $2,000 deposit, filing your claim may invite a counterclaim larger than what you're asking for.
Do I need photos to win a California security deposit case?
Not necessarily, especially for a move-out after April 2025, when the documentation burden sits with the landlord. But a judge deciding between two accounts with no evidence on either side tends to be unpredictable, and photographs are the single easiest thing to produce.
Can I legally record my California move-out walkthrough?
Yes, video of a unit you're lawfully occupying is fine. A slow, narrated walkthrough on move-out day, with your phone showing the date, is about the best five minutes of evidence-gathering available to any tenant.
How long until my small claims hearing for a security deposit case?
Typically 30 to 70 days after filing, varying by county. Los Angeles and the Bay Area tend to run at the longer end.
Can I recover my filing fee in a California security deposit case?
Yes, costs are generally recoverable by the prevailing party in small claims. Include the fee in what you claim rather than treating it separately.
The rental property went into foreclosure, who do I sue for my deposit?
The deposit obligation follows possession of the property. A bank or new owner taking title generally takes on the deposit obligation along with it. Name both the current owner and the former landlord in your claim.
Does an eviction change my California security deposit rights?
It changes when possession is returned, and it may mean the landlord has grounds to offset unpaid rent against what he owes you. What it doesn't do is remove the 21-day duty, the itemization duty, or the photo documentation duty, all of those still apply.

SueEasy is a self-help legal technology product built by LegalForce RAPC Worldwide, P.C. Using SueEasy does not create an attorney-client relationship and does not provide legal advice. We are not a law firm and cannot represent you in court. Every California county provides a free small claims advisor, and we can point you to yours.