SECURITY DEPOSIT ITEMIZATION AND SETTLEMENT STATEMENT
(California – Compliant with Cal. Civ. Code § 1950.5)
[// GUIDANCE: This template is drafted as a stand-alone, court-ready itemization letter that satisfies California’s statutory requirements and incorporates additional defensive provisions. Customize all bracketed fields and verify accuracy of all monetary figures before issuance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Statutory Return Deadline
3.2 Itemized Statement of Deductions
3.3 Payment / Reconciliation
3.4 Supporting Documentation - Representations & Warranties
- Covenants
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Security Deposit Itemization and Settlement Statement
Effective Date: [MM/DD/YYYY]
From (Landlord/Owner/Agent):
[LEGAL NAME]
[Street Address]
[City, State ZIP]
[Telephone] | [E-Mail] | DRE Lic. No. [__]
To (Tenant(s)):
[LEGAL NAME(S)]
[Forwarding Address]
[City, State ZIP] | [E-Mail]
Premises:
[Street Address of Rental Unit, City, CA ZIP]
Original Lease/Occupancy Period:
Commencement Date: [MM/DD/YYYY]
Termination / Move-Out Date (“Move-Out Date”): [MM/DD/YYYY]
Security Deposit Originally Paid (“Deposit”): $[__]
2. DEFINITIONS
For purposes of this Statement, capitalized terms have the following meanings (terms not defined herein have the meanings assigned under Cal. Civ. Code § 1950.5):
“Cleaning Charge” means any amount deducted to restore the Premises to the level of cleanliness documented at the inception of tenancy, exclusive of ordinary wear and tear.
“Estimate” means a good-faith written approximation of cost when actual invoices or receipts are not yet available as of the Statutory Return Deadline.
“Gross Deposit” means the total amount of the Deposit originally paid by Tenant to Landlord, inclusive of any pet, key, or additional deposits.
“Net Refund” means the amount of the Deposit, if any, remaining after all Allowable Deductions.
“Statutory Return Deadline” means twenty-one (21) calendar days after the Move-Out Date, as mandated by Cal. Civ. Code § 1950.5(g)(1).
3. OPERATIVE PROVISIONS
3.1 Statutory Return Deadline
In compliance with Cal. Civ. Code § 1950.5(g)(1), Landlord hereby issues this Statement and the enclosed payment (if any) on or before the Statutory Return Deadline.
3.2 Itemized Statement of Deductions
| Line | Description of Deduction | Statutory Category | Amount ($) |
|---|---|---|---|
| 1 | Unpaid Rent for [MM/YYYY] | Unpaid Rent | [____] |
| 2 | Cleaning Charge – Kitchen & Bathrooms | Cleaning | [____] |
| 3 | Repair – Wall Patching & Paint (Bedroom #2) | Repair Beyond Ordinary Wear | [____] |
| 4 | Carpet Replacement – Living Room (Excessive Pet Damage) | Repair Beyond Ordinary Wear | [____] |
| 5 | Locksmith/Rekey Fee (Unreturned Key) | Other Allowable | [____] |
| Total Allowable Deductions | $[____] |
3.3 Payment / Reconciliation
Gross Deposit: $[_]
(–) Total Allowable Deductions: $[_]
= Net Refund Due to Tenant: $[__]
[// GUIDANCE: If deductions exceed the Deposit, insert “Balance Due From Tenant” language and demand for payment within 10 business days.]
Enclosed herewith is a check payable to [Tenant Name(s)] in the amount of $[Net Refund].
3.4 Supporting Documentation
- Copies of invoices/receipts for any single deduction exceeding $125.00.
- Good-faith Estimates for work not yet completed, together with a commitment to provide final receipts within 14 days of completion in accordance with Cal. Civ. Code § 1950.5(g)(3).
- Move-in/Move-out condition photos and inspection reports (for reference only).
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that each deduction enumerated herein:
(a) falls within an allowable category under Cal. Civ. Code § 1950.5(b);
(b) reflects the actual and reasonable cost incurred or to be incurred; and
(c) is not attributable to ordinary wear and tear.
4.2 Landlord warrants that the Net Refund, if any, constitutes the full balance of the Deposit lawfully owing to Tenant as of the Effective Date.
5. COVENANTS
5.1 Tenant shall promptly notify Landlord in writing of any change to the Forwarding Address until the sooner of (i) cashing the enclosed refund check, or (ii) sixty (60) days after receipt of this Statement.
5.2 Landlord shall provide supplemental receipts for any item supported by an Estimate within fourteen (14) days of completion of the related work, consistent with Cal. Civ. Code § 1950.5(g)(3).
6. DEFAULT & REMEDIES
6.1 Failure of Tenant to negotiate the refund check within one hundred eighty (180) days shall constitute an abandonment of the funds, permitting Landlord to escheat or otherwise dispose of such funds in accordance with applicable law.
6.2 In the event Tenant disputes any deduction, Tenant must deliver written notice specifying the contested item(s) within thirty (30) days of receipt of this Statement. Absent such notice, Tenant shall be deemed to have accepted this Statement.
6.3 Nothing herein limits Tenant’s statutory right to seek up to twice the amount wrongfully withheld if Landlord is found to have acted in bad faith. See Cal. Civ. Code § 1950.5(l).
7. RISK ALLOCATION
7.1 Indemnification: Not applicable (see Metadata).
7.2 Limitation of Liability: Liability is limited to the statutory penalties available under Cal. Civ. Code § 1950.5(l); consequential or punitive damages are expressly disclaimed to the fullest extent permitted by law.
8. DISPUTE RESOLUTION
8.1 Governing Law: This Statement shall be governed by and construed in accordance with the laws of the State of California.
8.2 Forum Selection: Any action arising out of or relating to this Statement shall be brought exclusively in the housing or small-claims division of the court having jurisdiction over the county in which the Premises are situated.
8.3 Arbitration: Excluded.
8.4 Jury Waiver: No waiver of constitutional jury rights is intended or effected by this Statement.
8.5 Injunctive Relief: The parties acknowledge that disputes concerning this Statement typically sound in money damages; however, nothing herein shall preclude equitable relief where authorized by law.
9. GENERAL PROVISIONS
9.1 Entire Statement: This document constitutes the entire and exclusive statement of accounting for the Deposit.
9.2 No Waiver: Failure by Landlord to enforce any right shall not be deemed a waiver of future enforcement of that or any other right.
9.3 Severability: If any provision of this Statement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.4 Counterparts; Electronic Delivery: This Statement may be executed in counterparts and delivered electronically, each of which shall be deemed an original. Tenant’s electronic acknowledgment or negotiated refund check shall constitute conclusive evidence of receipt.
10. EXECUTION BLOCK
Executed as of the Effective Date first written above.
LANDLORD / OWNER / AUTHORIZED AGENT
[Name]
[Title]
Date: ________
TENANT ACKNOWLEDGMENT (Optional)
Receipt of the foregoing Security Deposit Itemization and Settlement Statement, together with the enclosed Net Refund, is hereby acknowledged.
[Tenant Name]
Date: ________
[// GUIDANCE: Tenant signature is not required by statute but is advisable for evidentiary purposes. Omit if Tenant refuses or is unreachable.]
This Statement is provided in strict compliance with Cal. Civ. Code § 1950.5 and is intended to fully satisfy Landlord’s statutory obligations regarding the return and accounting of Tenant’s security deposit.