California · Civil Code §1950.5(i)–(k)California tenant security deposits when selling a rental: transfer or return, the buyer's statement and joint liability
When a California landlord's interest ends – by sale or otherwise – the landlord or its agent must, within a reasonable time, either transfer the remaining security, after lawful deductions, to the successor and then notify the tenant by personal delivery or first-class mail of the transfer, any claims against the deposit, the amount deposited and the successors' names, addresses and telephone numbers, or return the remaining security to the tenant with an itemized accounting; either one relieves the landlord of further liability for the deposit (Cal. Civ. Code §1950.5(i)). Before a voluntary transfer, the landlord gives the buyer a written statement of the security remaining, an itemization of any deductions and which of those two options it elected; failing to do so doesn't affect the validity of title (§1950.5(j)). If the landlord doesn't comply with subdivision (i), the buyer is jointly and severally liable with the landlord for repaying the security, and may not demand a new deposit from the tenant until it first makes restitution or gives an accounting – unless, after inquiry and reasonable investigation, it believes in good faith that the deposit was transferred or returned (§1950.5(k)).
The rules
1. Transfer or return (§1950.5(i))
Transfer to the buyer and notify the tenant, or return to the tenant with an accounting.
2. Tenant notice (§1950.5(i)(1))
Transfer, claims, amount, and the new owner's names, addresses and phone numbers.
3. Statement to the buyer (§1950.5(j))
Before closing: remaining security, deductions and the seller's election.
4. Buyer liability (§1950.5(k))
Joint and several if the seller doesn't comply, unless a good-faith inquiry showed it did.
What the TC can do
- Ask the seller for the §1950.5(j) written statement for each unit before closing.
- Make sure the transferred deposits are credited to the buyer on the closing statement.
- Keep copies of the seller's notices to tenants – they support the buyer's good-faith defense.
Questions about California deposits on a sale
Who owes the tenant's deposit after a California rental is sold?
If the seller transferred it to the buyer and notified the tenant, the seller is relieved and the buyer holds it; if the seller didn't comply, the buyer is jointly and severally liable with the seller (Cal. Civ. Code §1950.5(i), (k)).
What must a California seller give the buyer about deposits?
Before a voluntary transfer, a written statement of the security remaining, an itemization of deductions and whether it is transferring the deposits or returning them to the tenants (§1950.5(j)).
Related guides
Add a task in ClosingCode for the deposit statement and tenant notices, with an owner and a due date.
Start free trialSource: California Civil Code §1950.5(i)–(k) (leginfo.legislature.ca.gov, read October 26, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.