Cal. Civ. Code § 1950.7
California Civil Code
Operative Text
(a) Any payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than residential property or any part of the agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement, shall be governed by the provisions of this section. With respect to residential property, the provisions of Section 1950.5 shall prevail. (b) The payment or deposit of money shall be held by the landlord for the tenant who is party to the agreement. The claim of a tenant to the payment or deposit shall be prior to the claim of any creditor of the landlord, except a trustee in bankruptcy. (c) The landlord may claim of the payment or deposit only those amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, to repair damages to the premises caused by the tenant, or to clean the premises upon termination of the tenancy, if the payment or deposit is made for any or all of those specific purposes. (1) If the claim of the landlord upon the payment or deposit is only for defaults in the payment of rent and the security deposit equals no more than one month’s rent plus a deposit amount clearly described as the payment of the last month’s rent, then any remaining portion of the payment or deposit shall be returned to the tenant at a time as may be mutually agreed upon by landlord and tenant, but in no event later than 30 days from the date the landlord receives possession of the premises. (2) If the claim of the landlord upon the payment or deposit is only for defaults in the payment of rent and the security deposit exceeds the amount of one month’s rent plus a deposit amount clearly described as the payment of the last month’s rent, then any remaining portion of the payment or deposit in excess of an amount equal to one month’s rent shall be returned to the tenant no later than two weeks after the date the landlord receives possession of the premises, with the remainder to be returned or accounted for within 30 days from the date the landlord receives possession of the premises. (3) If the claim of the landlord upon the payment or deposit includes amounts reasonably necessary to repair damages to the premises caused by the tenant or to clean the premises, then any remaining portion of the payment or deposit shall be returned to the tenant at a time as may be mutually agreed upon by landlord and tenant, but in no event later than 30 days from the date the landlord receives possession of the premises. (d) Upon termination of the landlord’s interest in the unit in question, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord’s agent shall, within a reasonable time, do one of the following acts, either of which shall relieve the landlord of further liability with respect to the payment or deposit: (1) Transfer the portion of the payment or deposit remaining after any lawful deductions made under subdivision (c) to the landlord’s successor in interest, and thereafter notify the tenant by personal delivery or certified mail of the transfer, of any claims made against the payment or deposit, and of the transferee’s name and address. If the notice to the tenant is made by personal delivery, the tenant shall acknowledge receipt of the notice and sign his or her name on the landlord’s copy of the notice. (2) Return the portion of the payment or deposit remaining after any lawful deductions made under subdivision (c) to the tenant. (e) Upon receipt of any portion of the payment or deposit under paragraph (1) of subdivision (d), the transferee shall have all of the rights and obligations of a landlord holding the payment or deposit with respect to the payment or deposit. (f) The bad faith retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section, may subject the landlord or the transferee to damages not to exceed two hundred dollars ($200), in addition to any actual damages. (g) This section is declarative of existing law and therefore operative as to all tenancies, leases, or rental agreements for other than residential property created or renewed on or after January 1, 1971.
Cal. Civ. Code § 1950.7 governs security deposits and similar money payments made to secure non-residential (commercial) leases in California—residential tenancies fall under a separate statute. The deposit must be held for the tenant's benefit, with the tenant's claim taking priority over most of the landlord's creditors. A landlord may only retain amounts reasonably needed to cover unpaid rent, tenant-caused damage, or cleaning costs, and must return any remaining balance within specified timeframes—generally no later than 30 days after regaining possession.
Plain English — not legal advice.
Operators of commercial properties subject to Cal. Civ. Code § 1950.7 generally maintain clear records documenting the stated purpose of any security deposit and track all deductions against only the allowable categories—unpaid rent, tenant-caused damage, or cleaning. Compliant landlords return remaining balances within the deadlines set by the provision (as short as two weeks for certain excess amounts) and provide proper written notice when ownership transfers. Bad-faith retention of any portion of the deposit can expose a landlord or successor to statutory damages of up to $200 on top of actual damages.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Cal. Civ. Code § 1950.7, commercial tenants have a priority claim to their deposit funds that ranks ahead of most of the landlord's creditors, and the landlord may only keep amounts tied to the specific permitted purposes. If a deposit is not returned or accounted for within the applicable deadline, a tenant may have grounds to pursue actual damages plus up to $200 in statutory damages for bad-faith retention. Tenants can explore options such as raising a violation as a defense in any landlord action, filing a small claims court case, or consulting a tenant-rights organization familiar with commercial lease disputes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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