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Security Deposits · California Tenant Rights

Are non-refundable security deposits legal in California?

A “non-refundable” label doesn’t control

No. California does not allow non-refundable security deposits for residential rentals. A landlord cannot take your move-in money and keep it simply by calling it "non-refundable."

Whatever a landlord labels the money — a cleaning fee, a non-refundable deposit, or something else — refundable move-in charges are generally treated as a security deposit under the law. That means the landlord can only keep amounts for lawful reasons, such as unpaid rent, necessary cleaning, or repairing damage beyond normal wear and tear, and must return the rest.

So if your lease says your deposit or a "fee" is non-refundable, that label does not override your rights. You are still entitled to get back whatever is not properly deducted, along with an itemized statement of any deductions after you move out.

Landlords sometimes use these labels hoping tenants will not challenge them. But the law is on the tenant's side here. If a landlord is refusing to refund money by calling it non-refundable, a free, confidential review can explain your rights and how to recover what you are owed.

This is general information about California tenant rights, not legal advice. Every situation is different.

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