Security Deposit Deductions FAQ

Under California Civil Code Section 1950.5(b), landlords may only deduct from a security deposit for four specific purposes. First, unpaid rent that the tenant owes at the time of move-out, including any rent owed for the notice period if proper notice was not given. Second, cleaning costs necessary to return the rental unit to the same level of cleanliness it was in at the beginning of the tenancy, not cleaning beyond move-in condition. Third, repair costs for damages to the premises beyond ordinary wear and tear that were caused by the tenant, the tenant's guests, or the tenant's pets. Fourth, if the rental agreement allows, restoration or replacement of furniture, furnishings, or other personal property items provided by the landlord.

Any deduction outside these four categories is illegal under California law. Landlords cannot deduct for routine maintenance, normal wear and tear, pre-existing conditions, or improvements to the property. All deductions must be documented with an itemized statement provided within 21 days.

California landlords can only deduct carpet cleaning costs from your security deposit under specific circumstances permitted by Civil Code 1950.5. The landlord may charge for cleaning if the carpets are dirtier than they were at move-in beyond what would be considered normal wear and tear. However, landlords cannot charge for routine steam cleaning or shampooing that would be performed between any tenancy as standard practice.

Normal wear and tear on carpets includes minor matting in high-traffic areas, slight fading from sunlight, and small indentations from furniture. Damage that can be legitimately charged includes large stains, pet urine damage, burns, tears, or excessive soiling that requires professional treatment beyond normal cleaning. If the carpets were not professionally cleaned before you moved in, the landlord generally cannot require professional cleaning upon move-out. Always document carpet condition with photographs at both move-in and move-out to dispute improper cleaning charges. The landlord must provide receipts for any carpet cleaning deduction exceeding $125.

Normal wear and tear in California refers to the natural deterioration that occurs in a rental property through ordinary, everyday use over time, and landlords cannot charge tenants for these conditions under Civil Code 1950.5. Examples of normal wear and tear include minor scuff marks on walls from furniture, small nail holes from hanging pictures, worn areas in carpet from regular foot traffic, fading of paint or wallpaper due to sunlight exposure, loose door handles from regular use, minor scratches on hardwood floors, worn enamel in bathtubs and sinks, and dust accumulation on blinds and fixtures.

In contrast, damage that exceeds normal wear and tear includes large holes in walls, unauthorized paint colors, significant stains or burns on carpets, broken windows or doors, pet damage such as scratched doors or urine stains, missing fixtures or appliances, excessive filth requiring special cleaning, and unauthorized alterations. The distinction often depends on the length of tenancy, as longer tenancies reasonably produce more wear. Courts generally consider what a reasonable landlord would expect after a tenant has occupied the unit for a given period.

California landlords can only charge tenants for painting costs in limited circumstances under Civil Code 1950.5. Landlords cannot deduct for repainting if the paint simply needs refreshing due to normal wear and tear, such as minor fading, small nail holes, or general aging of the paint. The typical lifespan of interior paint is considered to be two to three years, so if you lived in the unit for that period or longer, the landlord generally cannot charge for complete repainting.

However, landlords may legitimately deduct painting costs if the tenant caused damage beyond normal wear, such as painting walls an unauthorized color without permission, creating large holes or gouges requiring patching and painting, leaving excessive marks, crayon drawings, or graffiti on walls, causing smoke damage from indoor smoking, or creating pet damage on painted surfaces. If deductions are made, they should be prorated based on the remaining useful life of the paint. For example, if paint lasts three years and you lived there for two years, the landlord could only charge for one-third of the repainting cost at most.

Under California Civil Code Section 1950.5, landlords can only deduct reasonable cleaning costs necessary to restore the unit to the same level of cleanliness as at move-in, minus normal wear and tear. The amount charged must reflect actual cleaning costs, not inflated estimates or standard fees. If the landlord hires professional cleaners, they must provide receipts showing the actual charges for any deduction over $125.

If the landlord or their employees perform the cleaning, they must document the time spent and charge a reasonable hourly rate that reflects local market rates for similar cleaning services. Landlords cannot charge for cleaning that goes beyond the move-in condition. For example, if the oven was not professionally cleaned at move-in, the landlord cannot deduct for professional oven cleaning at move-out. Common reasonable cleaning charges might include $100-200 for basic unit cleaning, $50-100 for refrigerator cleaning, $50-75 for oven cleaning, and $100-300 for carpet cleaning depending on unit size. Always compare charges to local market rates and request itemized receipts to verify reasonableness.

California landlords absolutely cannot deduct from your security deposit for repairs to pre-existing conditions or damage that existed before your tenancy began. Under Civil Code 1950.5, deductions are only permitted for damage caused by the tenant during their tenancy. This is why documentation at move-in is crucial for protecting your deposit.

If you completed a move-in inspection checklist noting existing damage, took dated photographs or videos, or received a condition statement from the landlord, you have evidence to dispute any attempt to charge for pre-existing issues. Even without such documentation, the burden is on the landlord to prove that damage occurred during your tenancy and was caused by you, your guests, or your pets. Common pre-existing issues that landlords improperly try to charge include worn flooring, old appliance problems, plumbing issues from aging pipes, pest infestations present before move-in, and structural problems. If a landlord attempts to deduct for pre-existing damage, you should provide your move-in documentation, dispute the charges in writing, and if necessary, pursue recovery through small claims court where the landlord must prove the damage occurred during your tenancy.

If a California landlord overcharges for repairs when deducting from your security deposit, you have several legal remedies available under Civil Code 1950.5. First, review the itemized statement carefully and compare charges to reasonable market rates for similar work in your area. Request copies of all receipts and invoices, which the landlord must provide for any repair exceeding $125. If you believe charges are inflated, gather competing estimates from local contractors for the same work.

Send a written demand letter to the landlord via certified mail, specifically identifying which charges you dispute, why they are unreasonable, and the amount you believe should be refunded. Give the landlord a reasonable time to respond, typically 14-30 days. If the landlord refuses to refund overcharges, you can file a claim in small claims court for amounts up to $12,500. In court, present your evidence including the itemized statement, receipts provided, competing estimates, and move-out photographs. If the court finds the landlord acted in bad faith by significantly overcharging, you may be entitled to recover up to twice the security deposit amount as statutory damages plus your actual damages.

Yes, California landlords can legitimately deduct from your security deposit for pet damage under Civil Code 1950.5, as pet damage typically falls under the category of damage beyond normal wear and tear caused by the tenant. Common pet damage that landlords may charge for includes scratched doors, trim, or window frames; carpet stains, odors, or damage from pet urine or feces; chewed baseboards, door frames, or other fixtures; damaged window screens or blinds; flea infestations requiring professional treatment; and torn or damaged flooring.

However, landlords must still follow all documentation requirements, providing an itemized statement with specific descriptions of pet damage and actual repair costs with receipts for amounts over $125. Landlords cannot charge arbitrary pet fees or blanket amounts for pet damage without documenting actual damage and reasonable repair costs. If you have pets, thoroughly document the unit's condition at move-in and move-out, and consider having carpets professionally cleaned before the final inspection. Note that California law prohibits non-refundable pet deposits, so any pet-related deposit is part of your refundable security deposit subject to the same protections and limitations.

California Civil Code Section 1950.5(g) requires landlords to provide comprehensive documentation when making any deductions from a tenant's security deposit. Within 21 days of the tenant vacating, the landlord must provide a written itemized statement that lists each item being deducted with a specific description, not vague categories. For each deduction, the statement must include the dollar amount charged.

For any repair or cleaning costing more than $125, the landlord must attach copies of bills, invoices, or receipts from third-party vendors. If the landlord or their employees performed the work, the statement must include a description of the work performed, the time spent on each task, and the hourly rate charged. The statement must also provide the name, address, and telephone number of any person or company that performed repair work. If repairs are not yet complete when the 21-day deadline arrives, the landlord may provide a good faith estimate but must then supply actual documentation within 14 days after the work is completed. Failure to provide required documentation can result in the landlord losing the right to make deductions and potentially owing statutory damages for bad faith conduct.

Whether a California landlord can deduct unpaid utilities from your security deposit depends on the specific arrangement in your rental agreement and who is responsible for utility payments. Under Civil Code 1950.5(b), landlords may deduct for unpaid rent, but utilities are generally a separate obligation. If utilities are included in your rent as specified in the lease agreement, then unpaid rent would include those utility costs and could be deducted from the deposit.

If you have a separate utility account in your name directly with the utility company, the landlord generally cannot deduct unpaid utility bills from your deposit, as that is a matter between you and the utility provider. However, if the landlord pays utilities and bills you separately, or if your lease specifically allows security deposit deductions for unpaid utility reimbursements, the landlord may be able to make such deductions with proper documentation. In shared housing situations where the landlord provides master-metered utilities, the lease terms govern whether unpaid utility charges can be deducted. Always review your lease carefully regarding utility responsibilities and consult the specific terms before move-out to understand your obligations.