Oakland · Security deposit

How big can the deposit be in Oakland?

Max 1 month's rent.

Why, and the exact law

An individual owner (2 rentals, 4 units at most) may ask for 2 months, but not from a service member.

From the California Legislature, read Oct 1, 2026.
Show the law

“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy …”

Cal. Civ. Code § 1950.5 · leginfo.legislature.ca.gov · found word for word in the source

Moved out? Count the days

In California the landlord has 21 days to return it.

Who can help

  1. Get free legal helpThey can help you ask for it, or go to small claims court.LawHelpCA
  2. Find a lawyerReferral service of the State Bar.State Bar of California
Every rule here, word for word (2)

State law applies here too. Where both cover a rental, the stricter city rule usually wins; each rule below says so.

California lawIn force

California security deposit cap and handling (AB 12)

How big can the deposit be?

Max 1 month's rent.

An individual owner (2 rentals, 4 units at most) may ask for 2 months, but not from a service member.

Who it covers

  • Covers: Security for rental agreements of residential property used as the tenant's dwelling.
In force since
Jul 1, 2024
Current version since
Jan 1, 2026
The law, word for word

“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy …”

Cal. Civ. Code § 1950.5 · leginfo.legislature.ca.gov · Retrieved Oct 1, 2026

Quote checked word for word

No other rule found

Oakland imposes no local deposit interest requirement; deposits are governed by state Civil Code 1950.5.

The law, word for word

“Property owners are not required to pay interest on security deposits in Oakland …”

Cal. Civ. Code § 1950.5 · oaklandca.gov

More about Oakland

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Information about the law, not legal advice.