What is normal wear and tear vs tenant damage in California?

Normal wear and tear includes gradual deterioration from ordinary use: faded paint, worn carpet paths, minor scuffs, loose door handles, and small nail holes. Tenant damage includes stains, burns, holes in walls, broken fixtures, unauthorized modifications, pet damage, and excessive dirt requiring professional cleaning. Landlords cannot deduct for normal wear and tear under Civil Code 1950.5.

How long does a California landlord have to return a security deposit?

Under Civil Code 1950.5, California landlords must return the security deposit or provide an itemized statement of deductions within 21 days after the tenant vacates. This includes receipts for repairs or good faith estimates. Failure to comply can result in the landlord owing up to twice the deposit amount in bad faith cases.

What can a California landlord legally deduct from a security deposit?

Under CC 1950.5, landlords can deduct for: (1) unpaid rent, (2) cleaning costs to restore unit to move-in condition, (3) repair of damages beyond normal wear and tear, and (4) costs to restore or replace personal property if the lease allows. Deductions must be itemized with receipts or estimates.

How can a tenant dispute security deposit deductions in California?

Tenants can dispute deductions by: (1) sending a written demand letter citing CC 1950.5 violations, (2) providing move-in/move-out photos showing condition, (3) challenging excessive repair costs with competing estimates, (4) arguing items are normal wear and tear, and (5) filing in small claims court for wrongful deductions plus potential bad faith penalties.

California Tenant Property Damage Demand - Security Deposit Deductions

📋 Understanding Property Damage Claims

California Civil Code 1950.5 governs security deposits and property damage claims. Landlords can deduct for damage beyond normal wear and tear, but must follow strict itemization and timing requirements. Tenants have rights to dispute improper deductions.

🏠 For Landlords

Must return deposit or itemize deductions within 21 days
Can only deduct for damage beyond normal wear
Must provide receipts or good faith estimates
Cannot deduct for pre-existing damage
Can pursue excess damages in court

👤 For Tenants

Document unit condition at move-in and move-out
Challenge deductions for normal wear and tear
Request receipts for claimed repairs
Dispute excessive repair costs
Sue for wrongful deductions plus penalties

Normal Wear and Tear vs. Tenant Damage

This distinction is critical. Landlords cannot deduct for normal wear - only for damage caused by tenant negligence or misuse.

Normal Wear and Tear (Not Deductible)	Tenant Damage (Deductible)
Faded or slightly dirty paint	Large holes, unauthorized paint colors
Worn carpet in traffic areas	Stains, burns, pet damage to carpet
Minor scuffs on walls	Large gouges, crayon marks, water damage
Loose door handles from normal use	Broken doors, damaged locks
Small nail holes (reasonable number)	Excessive holes, anchor bolt damage
Worn bathroom caulking	Mold from tenant neglect, broken fixtures
Dusty blinds	Broken or missing blinds
Minor appliance wear	Appliance damage from misuse

💡 The Age Factor

Depreciation matters. A landlord cannot charge full replacement cost for a 10-year-old carpet that was nearing end of life anyway. California courts expect landlords to prorate deductions based on the remaining useful life of damaged items. A carpet with a 10-year life that is 8 years old has only 20% remaining value.

When Damage Claims Arise

📅 Move-Out Inspection

Tenant can request pre-move-out inspection to identify and fix issues before final move-out

💰 Security Deposit Return

Landlord must return deposit or itemize deductions within 21 days of move-out

⚠ Damages Exceed Deposit

Landlord can sue for excess damages beyond security deposit amount

👤 Tenant Dispute

Tenant challenges deductions as improper wear/tear or excessive costs

⚖ California Legal Framework

Civil Code 1950.5 is California's primary security deposit law. It strictly regulates what landlords can deduct and imposes penalties for non-compliance.

Key California Statutes

📚

Civil Code 1950.5 - Security Deposit Law

Governs all aspects of security deposits: maximum amounts, permissible deductions, itemization requirements, 21-day return deadline, and penalties for bad faith retention. This is the foundation of all deposit disputes.

⚖

CC 1950.5(b) - Permissible Deductions

Landlords may deduct only for: (1) unpaid rent, (2) cleaning to return unit to condition at start of tenancy, (3) repair of damages beyond ordinary wear and tear, (4) restoration of personal property if lease allows. No other deductions permitted.

📖

CC 1950.5(g) - Itemization Requirements

Within 21 days, landlord must provide itemized statement in writing showing: each deduction, basis for deduction, and either receipts for completed repairs or good faith estimate if work not yet done. If estimate used, actual receipts must follow within 14 days of completion.

📖

CC 1950.5(l) - Bad Faith Penalty

If landlord retains deposit in bad faith, tenant may recover actual damages plus up to twice the security deposit amount. Bad faith includes failing to return deposit without justification, making false claims, or grossly overstating damages.

📚

CC 1950.5(f) - Pre-Move-Out Inspection

Tenant has right to request initial inspection before final move-out. Landlord must notify tenant of this right and, if requested, provide itemized list of proposed deductions so tenant can remedy issues and avoid charges.

Landlord's Burden of Proof

Document pre-existing condition - Move-in inspection report and photos
Show damage occurred - Comparison of move-in vs. move-out condition
Prove tenant caused damage - Beyond normal wear and tear
Justify repair costs - Reasonable and documented expenses
Comply with procedures - 21-day deadline, proper itemization

Tenant's Defenses

🛠 Procedural Defenses

21-day deadline missed (forfeit right to deduct)
No itemized statement provided
No receipts or estimates
Pre-inspection rights violated

🏠 Substantive Defenses

Damage is normal wear and tear
Damage pre-existed tenancy
Repair costs are excessive
Landlord failed to mitigate

💡 Key Case Law

Granberry v. Islay Investments (1995) - Landlord who misses 21-day deadline forfeits right to make deductions. Gentry v. Boucke (2023) - Bad faith penalty requires showing landlord knew deductions were improper. Korens v. R.W. Zukin Corp. (1989) - Landlord must prove actual damages, not just estimate them.

🔍 Evidence Checklist

Documentation is critical for both landlords making deductions and tenants disputing them. The party with better evidence usually prevails.

🏠 Landlord Must Have

Move-in inspection report
Move-in photos/video with dates
Move-out inspection report
Move-out photos showing damage
Repair invoices/receipts
Contractor estimates

👤 Tenant Should Have

Copy of move-in inspection
Personal move-in photos
Move-out photos showing condition
Copy of deposit receipt
Communication with landlord
Competing repair estimates

Landlord Evidence Checklist

📄 Move-In Documentation

✓Signed move-in inspection report
✓Date-stamped photos of all rooms
✓Video walkthrough (if available)
✓Condition of appliances noted

📷 Move-Out Documentation

✓Move-out inspection report
✓Photos of all damage claimed
✓Close-up photos of specific damage
✓Tenant acknowledgment (if obtained)

💰 Repair Documentation

✓Written estimates from contractors
✓Invoices for completed repairs
✓Receipts for materials purchased
✓Proof of payment to contractors

📩 Communications

✓Pre-inspection notice sent
✓Itemized statement sent
✓Proof of mailing/delivery
✓Any tenant responses

What Makes Good Photo Evidence

✓ Good Evidence

Date-stamped, high resolution, shows context, multiple angles, consistent lighting, taken same day as inspection

✗ Weak Evidence

No date stamp, blurry, no context showing which room, single photo for major damage, taken weeks after move-out

📷 Photo Best Practices

Use a camera/phone with automatic date stamping. Take wide shots showing the entire room, then close-ups of specific conditions. Include a ruler or common object for scale when photographing damage. Email photos to yourself immediately to create a timestamp record.

💰 Calculating Damages

Proper damage calculation requires considering depreciation, comparing to actual repair costs, and following CC 1950.5 requirements.

What Landlord Can Deduct

Deduction Type	Requirements	Notes
Unpaid Rent	Through end of tenancy	Document with rent ledger
Cleaning	To restore to move-in condition	Not cleaner than when tenant moved in
Repairs	Damage beyond normal wear	Must prorate for depreciation
Personal Property	Only if lease allows	Furnished rentals typically

Depreciation Calculation

California requires landlords to account for the age and remaining useful life of damaged items. You cannot charge full replacement cost for an old item.

📈 Carpet (10-year life)

8-year-old carpet = 20% value remaining. If replacement costs $2,000, maximum deduction is $400

📈 Paint (3-5 year life)

If walls were painted 4 years ago, paint has minimal remaining value - minor deduction at most

📈 Appliances (10-15 year life)

10-year-old refrigerator damaged - prorate based on remaining useful life

📈 Blinds/Fixtures (5-7 year life)

Account for age when calculating replacement deduction

⚠ Common Landlord Mistakes

Charging full replacement cost without depreciation
Deducting for normal wear and tear
Charging for pre-existing conditions
Excessive cleaning charges
Not providing receipts or estimates
Missing the 21-day deadline

Tenant Recovery Options

💰 If Landlord Violates CC 1950.5

Actual damages: Return of wrongful deductions
Bad faith penalty: Up to 2x deposit amount
Court costs: Filing fees recoverable
Interest: On deposit amount

🏠 If Damage Exceeds Deposit

Small claims: Up to $12,500 (individuals)
Superior Court: Larger amounts
Collections: If judgment obtained
Wage garnishment: To enforce judgment

💡 Small Claims Court Limits

Individuals can sue for up to $12,500 in California small claims court. Businesses/LLCs are limited to $6,250. No attorneys allowed in small claims - you present your own case. Security deposit disputes are commonly resolved in small claims.

📝 Sample Language

Templates for landlord itemized statements, damage demands, and tenant dispute letters. Customize the highlighted sections.

For Landlords: Security Deposit Itemization

CC 1950.5 Itemized Statement

ITEMIZED STATEMENT OF SECURITY DEPOSIT DEDUCTIONS Pursuant to California Civil Code Section 1950.5 Date: [DATE - within 21 days of move-out] Tenant: [TENANT NAME] Former Address: [RENTAL PROPERTY ADDRESS] Forwarding Address: [TENANT'S NEW ADDRESS] Move-Out Date: [DATE] Security Deposit Held: $[AMOUNT] ITEMIZED DEDUCTIONS: 1. UNPAID RENT Period: [DATES] Amount: $[AMOUNT] 2. CLEANING Description: [Specific cleaning required - e.g., "Deep cleaning of kitchen including oven, refrigerator, and hood; bathroom tile and grout cleaning"] Amount: $[AMOUNT] [ ] Receipt attached [ ] Good faith estimate (receipt to follow) 3. REPAIRS - DAMAGES BEYOND NORMAL WEAR AND TEAR a) [ITEM - e.g., "Carpet replacement in master bedroom"] Damage: [Description - e.g., "Large pet urine stains, multiple areas"] Repair Cost: $[FULL COST] Less Depreciation ([X] years of [Y] year life): -$[AMOUNT] Amount Charged: $[PRORATED AMOUNT] [ ] Receipt attached [ ] Good faith estimate b) [ADDITIONAL ITEMS AS NEEDED] SUMMARY: Total Deductions: $[TOTAL] Security Deposit: $[DEPOSIT] Amount Due to Tenant: $[REFUND AMOUNT] OR Amount Owed by Tenant: $[BALANCE DUE] [ ] Check enclosed for refund amount [ ] Balance due - please remit within 30 days Photos documenting damage are available upon request. [LANDLORD NAME] [ADDRESS] [PHONE]

For Landlords: Demand for Excess Damages

Demand for Damages Exceeding Deposit

[DATE] Via Certified Mail, Return Receipt Requested [FORMER TENANT NAME] [CURRENT ADDRESS] RE: Demand for Payment - Property Damage at [FORMER RENTAL ADDRESS] Dear [TENANT NAME]: As detailed in my itemized statement dated [DATE] (copy enclosed), the damages to the rental property at the above address exceed your security deposit of $[DEPOSIT AMOUNT]. The total documented damages are $[TOTAL DAMAGES], leaving a balance due of $[BALANCE] after application of your security deposit. These damages include: - [Item 1 and amount] - [Item 2 and amount] - [Additional items] The damages described above are beyond normal wear and tear and resulted from [describe cause - e.g., "tenant negligence," "unauthorized pets," "failure to report water leak"]. Photographs and repair invoices documenting these damages are enclosed. DEMAND: I hereby demand payment of $[BALANCE DUE] within thirty (30) days of the date of this letter. If I do not receive payment by [DEADLINE DATE], I will pursue all available legal remedies, including filing a lawsuit in [Small Claims / Superior] Court to recover: - The balance due of $[AMOUNT] - Court filing fees and costs - Any additional damages permitted by law I prefer to resolve this matter without litigation. Please contact me at [PHONE/EMAIL] to discuss payment arrangements if needed. Sincerely, [LANDLORD NAME] Enclosures: - Itemized statement dated [DATE] - Move-in and move-out photos - Repair invoices/receipts

For Tenants: Dispute Letter

Tenant Dispute - Security Deposit Deductions

[DATE] Via Certified Mail, Return Receipt Requested [LANDLORD NAME] [LANDLORD ADDRESS] RE: Dispute of Security Deposit Deductions - [FORMER RENTAL ADDRESS] Dear [LANDLORD NAME]: I am writing to dispute the deductions from my security deposit as outlined in your itemized statement dated [DATE]. Under California Civil Code 1950.5, I am entitled to a refund of improperly withheld amounts plus potential penalties for bad faith retention. My security deposit was: $[AMOUNT] You returned: $[AMOUNT RETURNED] You deducted: $[TOTAL DEDUCTIONS] I DISPUTE THE FOLLOWING DEDUCTIONS: 1. [ITEM - e.g., "Carpet replacement - $800"] REASON: [e.g., "This constitutes normal wear and tear. The carpet was already 8 years old at move-in, showing significant wear. My move-in photos (attached) document the pre-existing condition. Additionally, you failed to prorate for depreciation as required."] 2. [ITEM - e.g., "Cleaning - $350"] REASON: [e.g., "I left the unit in the same condition as when I moved in. The cleaning charge is excessive - I have obtained an estimate of $150 for comparable cleaning (attached). Additionally, my move-out photos show the unit was clean."] 3. [ADDITIONAL DISPUTED ITEMS] VIOLATIONS OF CIVIL CODE 1950.5: [Select applicable violations:] [ ] You failed to provide the itemized statement within 21 days of my move-out [ ] You failed to provide receipts or good faith estimates as required [ ] You deducted for normal wear and tear, which is prohibited [ ] You failed to account for depreciation [ ] The repair costs are grossly excessive [ ] You deducted for pre-existing conditions documented in my move-in inspection DEMAND: Pursuant to Civil Code 1950.5, I demand return of $[AMOUNT IMPROPERLY DEDUCTED] within fifteen (15) days of this letter. If you fail to return my deposit, I will file a lawsuit in Small Claims Court seeking: - Return of improperly withheld funds: $[AMOUNT] - Bad faith penalty (up to 2x deposit): $[UP TO 2X DEPOSIT] - Court costs and filing fees Please contact me at [PHONE/EMAIL] to resolve this matter. Sincerely, [TENANT NAME] [CURRENT ADDRESS] Enclosures: - Move-in inspection report and photos - Move-out photos - Competing repair/cleaning estimates

⚠ Important Notice

These templates are for informational purposes. Security deposit law is fact-specific and local ordinances may provide additional protections. For significant disputes or complex situations, consult with a California attorney.

🚀 Next Steps

Action plans for landlords pursuing damage claims and tenants disputing deductions.

🏠 Landlord Action Plan

Document thoroughly - Photos at move-in and move-out
Conduct move-out inspection - With tenant if possible
Get repair estimates - Multiple if large amounts
Send itemized statement - Within 21 days
Include receipts/estimates - As required by law
Send demand if excess - For amounts over deposit
File small claims if needed - Within statute of limitations

👤 Tenant Action Plan

Request pre-inspection - Before final move-out
Document condition - Photos/video at move-out
Provide forwarding address - In writing
Review itemization - Check for violations
Get competing estimates - If costs seem high
Send dispute letter - Certified mail
File small claims - If landlord doesn't respond

Small Claims Court Process

Step 1: File Claim

File SC-100 form at courthouse in county where property is located. Fee: $30-$75

Step 2: Serve Other Party

Have someone 18+ (not you) serve papers at least 15 days before hearing

Step 3: Prepare Evidence

Organize photos, receipts, lease, itemization, communications. Make copies for judge

Step 4: Attend Hearing

Present your case clearly. Judge will issue decision, usually same day

💡 Settlement Often Makes Sense

Many security deposit disputes settle before trial. Consider: Is the amount worth your time? Is your evidence strong? Would a reasonable compromise save everyone the hassle of court? Many landlords and tenants reach agreements that avoid the uncertainty of a judge's decision.

California Resources

CA Courts Self-Help: selfhelp.courts.ca.gov - Small claims forms and guides
CA Department of Consumer Affairs: dca.ca.gov - Security deposit information
CA Civil Code 1950.5: leginfo.legislature.ca.gov - Full statute text
Legal Aid: lawhelpca.org - Free legal help for qualifying individuals
CA Apartment Association: caanet.org - Landlord resources and forms

💼 Attorney Services

I assist both California landlords with property damage claims and tenants disputing improper security deposit deductions.

For Landlords

Service	Fee
Itemized Statement Review - Ensure CC 1950.5 compliance before sending	$240/hr
Demand Letter - Professional demand for damages exceeding deposit	$450 flat fee
Small Claims Preparation - Organize evidence and prepare your case	$240/hr
Superior Court Litigation - For larger damage claims	$240/hr

For Tenants

Service	Fee
Deduction Review - Analyze itemization for CC 1950.5 violations	$240/hr
Dispute Letter - Formal demand citing legal violations	$450 flat fee
Small Claims Preparation - Prepare evidence and arguments for court	$240/hr
Negotiate Settlement - Resolve dispute without court	$240/hr

💡 Why Hire an Attorney?

Landlords: A properly documented claim is more likely to succeed in court. I help ensure your itemization complies with CC 1950.5 and your evidence supports each deduction. Tenants: Many landlords back down when they receive a professional demand letter citing specific legal violations. I identify deductions that violate California law.

Schedule a Consultation

Whether you are a landlord pursuing a damage claim or a tenant fighting improper deductions, I can help you understand your rights and build a strong case.

Contact

Email: owner@terms.law

Consultations: $240/hr | Demand Letters: $450 flat fee