San Francisco, California Security Deposit: Which Rule Applies and Your Next Step
The San Francisco ordinance text reviewed here does not change the return deadline: California law gives 21 days (Cal. Civ. Code §1950.5). The city adds interest rules (S.F. Admin. Code § 49.2). Check whether the ordinance covers your rental, then enter your dates and deposit below for a state law calculation and a letter.
State law vs San Francisco ordinance
| Rule | California state law | San Francisco ordinance |
|---|---|---|
| Return deadline | 21 calendar days after tenant vacates the premises. | No separate return deadline in the ordinance text reviewed here |
| Interest | No statewide interest requirement in the verified data. | Simple interest on deposits held at least one year. Annual payment on the anniversary of receipt (or Sept. 1 for pre-1983 deposits) as cash or rent credit at the landlord's choice. Rate set by the Rent Board effective March 1 each year; for March 1, 2015 onward, the annual average of the Federal Reserve 90-Day AA Financial Commercial Paper rate, rounded to the nearest tenth. (S.F. Admin. Code § 49.2) |
| Who it covers | See state statute and conditions above | All residential rental units in San Francisco, including units exempt from the Rent Ordinance. Does not apply where rent is assisted or subsidized by a government unit, agency, or authority. |
Cal. Civ. Code §1950.5 · San Francisco Administrative Code Chapter 49 - Interest on Security Deposits
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 21 days | tenant vacates the premises |
California return rule: 21 calendar days. Check the dates you entered above.
What San Francisco adds to your claim
- interest: Simple interest on deposits held at least one year. Annual payment on the anniversary of receipt (or Sept. 1 for pre-1983 deposits) as cash or rent credit at the landlord's choice. Rate set by the Rent Board effective March 1 each year; for March 1, 2015 onward, the annual average of the Federal Reserve 90-Day AA Financial Commercial Paper rate, rounded to the nearest tenth. (S.F. Admin. Code § 49.2)
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| San Francisco County | Superior Court of California, County of San Francisco - Small Claims Division, San Francisco (400 McAllister St., Dept. 506) | $12,500 (statewide) | Statewide filing fee: $30/$50/$75 tiered by claim amount, statewide schedule (efiling status not confirmed this session) | Not verified | Official court website Court page check not recorded |
See the San Francisco County county filing page
Statute says
A landlord who is subject to the provisions of Section 1950.5 of the California Civil Code shall pay simple interest on all security deposits held for at least one year for his/her tenants; provided, however, that this requirement shall not apply where the rent is assisted or subsidized by any government unit, agency or authority.
What this means
Administrative Code Chapter 49 requires simple interest on every residential security deposit held at least one year, including units exempt from the Rent Ordinance, except where rent is government-assisted or subsidized. The Rent Board sets the rate each March 1; unpaid interest is due annually and, at move-out, pro rata within two weeks.
Source accessed: .
FAQ
Does San Francisco set a separate deposit return deadline?
The ordinance text reviewed here sets no separate return deadline. See the California deadline and its conditions above.
What else does the San Francisco ordinance require?
Administrative Code Chapter 49 requires simple interest on every residential security deposit held at least one year, including units exempt from the Rent Ordinance, except where rent is government-assisted or subsidized. The Rent Board sets the rate each March 1; unpaid interest is due annually and, at move-out, pro rata within two weeks.
Does the ordinance cover my rental?
All residential rental units in San Francisco, including units exempt from the Rent Ordinance. Does not apply where rent is assisted or subsidized by a government unit, agency, or authority.
What's next?
Previous page summary
Administrative Code Chapter 49 requires simple interest on every residential security deposit held at least one year, including units exempt from the Rent Ordinance, except where rent is government-assisted or subsidized. The Rent Board sets the rate each March 1; unpaid interest is due annually and, at move-out, pro rata within two weeks.