Berkeley Security Deposit Law (2026): Deadlines, Interest & Penalties
Under Berkeley Muni. Code Ch. 13.76, a Berkeley landlord must return a tenant's security deposit within 21 days of move-out and must pay interest of 1.6% per year on the deposit. Fail to comply, and the tenant may recover state remedies + rent board. Plug your lease dates and deposit amount into the calculator above for a statute-based breakdown.
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Berkeley Deposit Rules at a Glance
| Return deadline | 21 days after move-out State 21-day rule applies |
|---|---|
| Interest on deposit | 1.6% per year Held 1+ year |
| Separate account required | No |
| Deposit limit | 1 month (state AB 12) |
| Penalty for violations | State remedies + rent board |
Berkeley Security Deposit FAQ
How long does a landlord have to return a security deposit in Berkeley?
In Berkeley, a landlord must return the security deposit within 21 days after the tenancy ends, under Berkeley Muni. Code Ch. 13.76. Note: State 21-day rule applies.
Does my landlord owe me interest on my security deposit in Berkeley?
Under Berkeley Muni. Code Ch. 13.76, a Berkeley landlord must pay interest of 1.6% per year on the deposit. Rate details: Berkeley Rent Board annual rate.
What is the penalty if a landlord misses the deposit deadline in Berkeley?
State remedies + rent board. The governing statute is Berkeley Muni. Code Ch. 13.76.
Is there a limit on how much a landlord can charge as a security deposit in Berkeley?
Yes. In Berkeley, the security deposit is limited to 1 month (state AB 12).
Does a Berkeley landlord have to keep my deposit in a separate account?
No. Berkeley law does not require landlords to hold security deposits in a separate or escrow account.
Are there exceptions to the 21-day deposit deadline in Berkeley?
Yes — the deadline can vary: State 21-day rule applies. When in doubt, check the statute itself (Berkeley Muni. Code Ch. 13.76) or ask a local tenant-rights organization.
When does the interest requirement apply in Berkeley?
Interest applies under these conditions: Held 1+ year. See Berkeley Muni. Code Ch. 13.76 for the full rule.
What can I do if my landlord won't return my deposit in Berkeley?
First, send a written demand letter citing Berkeley Muni. Code Ch. 13.76 — our free generator creates one with your amounts filled in. If the landlord still doesn't pay, you can usually file in small claims court, where the penalty exposure is state remedies + rent board.