AI & Automation

How Long Do You Have To Return a Security Deposit?

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5 min
Published
A calendar page with a move-out day circled and a cheque resting on the square 21 days later.

It depends on the jurisdiction, and the trigger isn't always move-out. California gives 21 calendar days after the tenant vacates. Florida's duty starts when the tenant vacates, then runs 15 days to refund or 30 to notice a claim, measured from termination of the rental agreement. British Columbia gives 15 days from the later of the tenancy ending and a written forwarding address. Ontario has no move-out clock.

What Are the Four Deadlines?

JurisdictionDeadlineMiss it and
California21 calendar days after the tenant vacates: itemized statement plus balanceBad faith: damages up to twice the security (Civ. Code 1950.5(h), (m))
Florida15 days to return if you claim nothing; 30 days to notice a claimThe claim is forfeited; no setoff (Fla. Stat. 83.49(3)(a))
British Columbia15 days after the later of the tenancy ending and a written forwarding addressNo claim against it, and double owed (RTA 38)
OntarioNone at move-out; the rent deposit pays the last rent periodAnnual interest owed, deductible from rent (RTA 106)

What Does California's 21 Days Actually Require?

Under Civil Code 1950.5(h)(1), no later than 21 calendar days after the tenant has vacated, a landlord must furnish an itemized statement showing the basis for and amount of any security received and its disposition, and return the balance. Subdivision (g) adds photographs: since April 1, 2025 the unit must be shot after possession returns but before any repair or cleaning you intend to deduct, and again once that work is done. Tenancies starting on or after July 1, 2025 need inception photographs too. Subdivision (m) supplies the teeth: bad-faith retention can bring statutory damages up to twice the security, and the landlord must prove the amounts claimed reasonable.

How Do Florida's Two Clocks Work?

Florida Statutes 83.49(3)(a) (2025 edition) applies “upon the vacating of the premises for termination of the rental agreement,” then turns on one decision. Claiming nothing: return the deposit, with interest if owed, within 15 days after the rental agreement terminates. Vacating is the condition; termination is the start date, so a tenant who holds over past termination has not yet started either clock. Claiming something: within 30 days, send written notice by certified mail to the tenant's last known address, or by e-mail under s. 83.505, stating your intended claim and the reason. Miss that window and the statute forfeits the claim and bars a setoff. A damages suit remains, but only after returning the money. The tenant then has 15 days to object; absent objection you deduct and remit the balance within 30 days of the notice. One relief valve: under 83.49(5) a tenant who leaves early or holds a periodic tenancy owes 7 days' written notice with an address, and not giving it relieves you of that duty.

What Do Ontario and British Columbia Require?

Section 38(1) of the Residential Tenancy Act gives 15 days after the later of the tenancy ending and the written forwarding address arriving; within it, repay the deposit with interest or apply for dispute resolution. Section 38(6) is blunt: a landlord who misses it may not claim against the deposit and must pay double. Section 39 runs the other way: no written address within a year and the landlord keeps it.

Ontario has no equivalent: it has no damage deposit. Section 106(10) of the Residential Tenancies Act, 2006 applies the rent deposit to the last rent period, so by move-out it is spent. What Ontario polices is interest: 106(6) makes it payable annually at the guideline rate, and 106(9) lets a tenant deduct unpaid interest from later rent. Section 107(1) covers the one true refund: a prospective tenant who never gets vacant possession.

What This Means Day to Day

Those clocks don't share a trigger: California's runs from the tenant vacating, Florida's from termination of the rental agreement, BC's from the later of the tenancy ending and a written forwarding address. So the work that protects you happens earlier: dated photographs, a written forwarding address, a turn that starts the day keys come back. LetHub answers rental inquiries in about 30 seconds and books ID-verified showings on the next vacancy. Book a demo to see it. This is information, not legal advice: rules change and vary by municipality.

Frequently Asked Questions

How many days do you have to return a deposit in California?

21 calendar days after the tenant vacates, under Civil Code 1950.5(h)(1). Within that window the landlord sends an itemized statement of what was received and what was deducted, and returns the balance. Bad-faith retention can draw statutory damages of up to twice the security under subdivision (m).

What is the deadline in Florida?

Two deadlines, both owed once the tenant vacates. Claiming nothing: return the deposit within 15 days of the rental agreement terminating. Claiming something: send written notice of the claim and its reason within 30 days, by certified mail or by e-mail under s. 83.505. Missing 30 days forfeits the claim.

What happens if a BC landlord is late?

Section 38(6) of BC's Residential Tenancy Act says a landlord who fails to repay or apply for dispute resolution in time may not claim against the security or pet damage deposit and must pay the tenant double. The 15 days run from the later of the tenancy ending and a written forwarding address arriving.

Does Ontario have a deposit return deadline?

No, because Ontario permits no damage deposit. Section 106(10) of the Residential Tenancies Act, 2006 applies the rent deposit to the last rent period, so nothing is returned at move-out. Annual interest at the guideline rate is owed, and unpaid interest can be deducted from rent.

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Author
Mark Johnson

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