Security deposit disputes in San Francisco, California
This page is for tenants in San Francisco whose landlord kept some or all of a security deposit. It explains the 21-day rule, what landlords may deduct, and how to use small claims court, and links to licensed lawyers with landlord-tenant law on record.
The 21-day rule[1]
Within 21 calendar days after a tenant moves out, the landlord must return the deposit or send an itemized statement of deductions with the rest of the deposit. When repair and cleaning deductions total more than $125, the landlord must include copies of receipts or bills.
What can be deducted[1]
A landlord may deduct unpaid rent, cleaning to return the unit to its move-in condition, and repair of damage beyond ordinary wear and tear. Normal wear and tear cannot be charged.
If a landlord keeps a deposit in bad faith, a court can award up to twice the amount of the deposit in addition to the money owed.
How much a landlord can ask for[1]
Most California landlords may not collect a security deposit of more than one month's rent. A small landlord (a person, or a company owned by people, with no more than two rental properties and four units) may collect up to two months, except from a service member.
Small claims court[3][4]
Deposit disputes are often filed in small claims court. An individual can sue for up to $12,500 there. In San Francisco, cases are filed with the Superior Court of San Francisco.
Local help[2]
The San Francisco Rent Board gives tenants and landlords information on the Rent Ordinance and offers counseling by phone or in person.
Lawyers in San Francisco, California
The directory lists 5,918 lawyers with an active California license and an office of record in San Francisco, California; 94 of them have Landlord-Tenant Law as a practice area on record (listed in the directory's source file; origin not confirmed, not a certification).
A license record shows a lawyer may practice. It does not show experience with a specific kind of case.
You can check any lawyer's license yourself with the State Bar of California lookup.
State Bar of California license lookup · Browse these lawyers in the directory
Questions
What if my landlord never sent an itemized list?[1]
The law requires the list within 21 days. Missing that deadline can affect what the landlord may keep, and the tenant can ask a court to order the deposit returned.
Can my landlord charge for repainting or carpet?[1]
Only for damage beyond ordinary wear and tear. Normal aging of paint and carpet is wear and tear.
You choose which lawyer to contact and what to share. Nothing you type is sent to a lawyer without your say-so.
Sources
- California Civil Code section 1950.5 (security deposits), California Legislature (official). Checked 2026-10-30.
- Rent Board, City and County of San Francisco (official). Checked 2026-10-30.
- Small claims, Judicial Branch of California (official). Checked 2026-10-30.
- Superior Court of California, County of San Francisco, Superior Court of San Francisco County (official). Checked 2026-10-30.
This page is general information, not legal advice, and reading it does not create a lawyer-client relationship. Laws change and every situation is different. Check the official sources linked here and talk to a licensed lawyer about your facts.
Reviewed and last updated 2026-10-31. To report an error, write to notices@esqcopilot.com.