In California, you can deduct from a security deposit to fix damage the tenant caused, but never to fix normal wear and tear. That one line in Civil Code §1950.5 drives more deposit disputes than anything else. The difference usually comes down to one question: did this happen from ordinary living over time, or from an accident, abuse, or neglect?
Here's how to tell the difference, and how to document a deduction so it holds up.
The Basic Rule
California lets landlords deduct only what is reasonably necessary to:
- Cover unpaid rent
- Repair damage beyond ordinary wear and tear caused by the tenant or their guests
- Clean the unit back to the level of cleanliness it had at move-in
- Replace personal property or furnishings, if the lease allows it
The statute doesn't give a detailed definition of "ordinary wear and tear." In practice, courts and small claims judges treat it as the gradual decline that happens when a tenant lives in a home normally. Damage is harm that goes beyond that.
Wear and Tear vs. Damage: Side-by-Side Examples
| Area | Normal wear and tear (not deductible) | Damage (deductible) |
|---|---|---|
| Walls | Faded or dull paint, light scuffs, a few small nail holes | Large holes, crayon or marker, unapproved paint colors, many anchor holes |
| Carpet | Traffic-pattern wear, matting, light fading | Pet urine stains, burns, rips, large permanent stains |
| Floors | Minor scratches on hardwood, dull finish | Deep gouges, water damage from a tenant's spill or plant, pet scratches through the finish |
| Kitchen | Worn countertop finish, loose cabinet hinges | Burn marks, cracked counters, broken cabinet doors |
| Bathroom | Worn grout, minor tub discoloration | Cracked sink or toilet, mold from ignoring leaks, broken towel bars |
| Windows & blinds | Sun-faded blinds, stiff window tracks | Bent or missing slats, broken glass, torn screens |
| Doors & fixtures | Worn doorknobs, loose handles | Doors off hinges, holes in doors, missing fixtures or smoke detectors |
| Yard (if tenant maintains) | Seasonal browning | Dead landscaping from no watering, oil stains, junk left behind |
Age Matters: Don't Charge for a Brand-New Item
Even when there's real damage, you generally can't make the tenant pay for a full replacement of something that was already near the end of its life. If an 8-year-old carpet gets a pet stain, a judge will likely only allow a small share of the replacement cost, because the carpet was worth little by then.
A fair approach is to prorate by useful life. For example, if a carpet you'd expect to last 10 years is ruined in year 7, charge about 30% of the replacement cost, not 100%. Keep install dates and receipts for carpet, paint, and appliances so you can support the math.
Cleaning Charges: The Move-In Standard
You can only charge for cleaning needed to bring the unit back to the same level of cleanliness it had at move-in. You can't bill a tenant to make the unit cleaner than it was when they got it.
That's why move-in photos matter so much. If your move-in photos show a spotless oven and the move-out photos show a caked-on mess, the charge is easy to defend. Without the move-in photos, it's your word against theirs.
How to Document a Deduction That Holds Up
California's photo rules (AB 2801) make documentation a legal requirement:
- Move-in photos for tenancies that began on or after July 1, 2025.
- Move-out photos taken right after the tenant leaves, before any cleaning or repair.
- After photos once repairs or cleaning are done.
For any repair or cleaning charge over $125, include invoices or receipts with your itemized statement. If you do the work yourself, list what you did, how long it took, and a reasonable hourly rate. Everything goes to the tenant within 21 days of move-out — see our guide to the 21-day security deposit law.
Common Mistakes That Turn Into Disputes
- Charging to repaint after a normal 2–3 year tenancy
- Billing full replacement cost for old carpet or appliances
- Charging a flat "cleaning fee" regardless of condition
- Letting the cleaning crew start before taking move-out photos
- Vague line items like "general repairs — $400"
Frequently Asked Questions
Can I charge for repainting when a tenant moves out?
Only if the paint is damaged beyond normal wear, such as large marks, holes, or unapproved colors. Faded or lightly scuffed paint after a normal tenancy is wear and tear.
Are small nail holes damage?
A few small nail holes from hanging pictures are generally treated as normal wear and tear. Many large holes or wall anchors can cross into damage.
Can I charge for carpet cleaning?
Only if the carpet is dirtier or stained beyond normal use compared to move-in, and you have photos and receipts to back it up.
What if the tenant disputes my deductions?
They can sue in small claims court. Your photos, receipts, and the age of the damaged items will be your strongest evidence. See security deposit disputes in small claims court.
Bottom Line for Landlords
- Deduct for damage, never for normal wear and tear from ordinary living.
- Prorate replacement costs by the item's age and useful life.
- Take move-in, move-out, and after-repair photos, and attach receipts for charges over $125.
- Send the itemized statement, photos, receipts, and any refund within 21 days.
Document every move-out
LeaseConnectPro stores move-in and move-out photos by unit, scans repair receipts with AI, and counts down your 21-day deposit deadline.
Download Free →This article is for general informational purposes and isn't legal advice. For guidance on your specific situation, consult a California landlord-tenant attorney.