CaliforniaResidential tenancies: return of security.
What it does
Existing law regulates the terms and conditions of residential tenancies, including generally limiting the amount of security that a landlord may demand or receive to an amount or value equivalent to one month's rent, as provided, and allowing a landlord to claim of the security only those amounts as are reasonably necessary for specified purposes. Existing law defines a security for these purposes as any payment, fee, deposit, or charge, including any payment, fee, deposit, or charge, except as specified, that is imposed at a tenancy's beginning to reimburse a landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used for any purpose. Existing law requires a landlord to provide a tenant a copy of an itemized statement, as specified, and return the security's remaining portion to the tenant by personal delivery or by first-class mail, postage prepaid, no later than 21 calendar days after the tenant has vacated the premises, as specified.
More detail
Existing law authorizes a landlord and tenant to mutually agree to have the landlord deposit electronically the security's remaining portion to a bank account or other financial institution designated by the tenant or provide a copy of the itemized statement to an email account provided by the tenant.
This bill would revise these provisions to generally require the landlord to return the security by personal delivery or by check made payable to the tenant. If the landlord received the security or rental payments from the tenant electronically, the bill would instead require the landlord to return the remainder of the security electronically, as specified, unless the landlord and tenant designated another method of return, by written agreement. If the landlord received the security or rental payments from the tenant electronically, the bill would require the landlord to notify the tenant in writing of the tenant's right to receive the security electronically pursuant to these provisions, as specified. The bill would also instead authorize the landlord and tenant to mutually agree, as specified, to provide the itemized statement by either email to an email account provided by the tenant or mail by first-class mail, postage prepaid, to an address provided by the tenant.
If multiple adult tenants reside in the unit, the bill would require the landlord to return the remainder of the security by a check made payable to all adult tenants, as specified, and provide the itemized statement by personal delivery or first-class mail, postage prepaid, to any one of the adult tenants chosen by the landlord, unless the landlord and all adult tenants, at the commencement of the tenancy or at any time during or after the tenancy, enter into a mutual written agreement containing specified provisions.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 6Chaptered by Secretary of State - Chapter 340, Statutes of 2025.Latest
- Oct 6Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 3Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2874.).Major
- Vote recorded AB 414 Pellerin Concurrence in Senate Amendments. Result: pass.Lower
- Sep 2In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB414 Pellerin By Laird. Result: pass.Upper
- Sep 2Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2395.).Passed Senate
- Aug 20Read second time. Ordered to third reading.Minor
- Aug 19Read third time and amended. Ordered to second reading.Major
- Jul 9Read second time. Ordered to third reading.Minor
- Jul 8Read third time and amended. Ordered to second reading.Major
- Jun 26Read second time. Ordered to third reading.Minor
- Jun 25From committee: Do pass. (Ayes 11. Noes 0.) (June 24).Minor
- Jun 24
- Vote recorded Do pass. Result: pass.Upper
- Jun 11From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.Major
- May 7Referred to Com. on JUD.Minor
- Mar 20In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 414 Pellerin Consent Calendar Second Day. Result: pass.Lower
- Mar 20Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 1. Page 773.)Passed Assembly
- Mar 13Read second time. Ordered to Consent Calendar.Minor
- Mar 12Read second time and amended. Ordered returned to second reading.Major
- Mar 11From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 12. Noes 0.) (March 11).Major
- Vote recorded Do pass as amended. To Consent Calendar. Result: pass.Lower
- Feb 18Referred to Com. on JUD.Minor
- Feb 5From printer. May be heard in committee March 7.
- Feb 4Read first time. To print.Introduced