Landlord charged for pre-existing damage - can I sue for 2X deposit?

Got my itemized statement. Landlord withheld my entire $2,500 security deposit for "carpet replacement - $2,200" and "wall repair - $300."

Problem: I have timestamped photos from move-in day showing the EXACT same carpet stains and wall damage. He's trying to charge me for damage that was already there.

Can I sue for 2X the deposit ($5,000) for bad faith? How do I calculate my total claim?

This is textbook bad faith under California Civil Code Section 1950.5(l). Charging tenants for pre-existing damage when you have proof it existed before you moved in is exactly what the 2X penalty was designed for.

Your recovery calculation:

• Security deposit: $2,500
• Bad faith penalty: $5,000 (up to 2X)
• Interest (10% annually): Calculate from day 22 after move-out
• Court costs: ~$75

Use a security deposit calculator to determine exact interest based on how many days past the 21-day deadline.

Your move-in photos are smoking gun evidence. Print them out, bring them to court, and you'll almost certainly win the full 2X penalty.

The photos have EXIF data showing they were taken on my move-in date. Is that enough proof or do I need something else?

EXIF data is excellent evidence. Also bring:

• Move-in inspection report (if you did one)
• Any emails/texts where you reported the pre-existing damage
• Move-out inspection photos showing same damage
• Expert testimony if needed (though photos usually suffice)

The burden is on the landlord to prove YOU caused the damage. Your move-in photos shift that burden right back to them, and they can't meet it.

UPDATE: Filed in small claims for $7,685 ($2,500 deposit + $5,000 bad faith + $110 interest + $75 costs).

Landlord's attorney called me today wanting to settle for $4,000. I said no - I have ironclad evidence and I want the full amount plus I want this on record so he can't do this to other tenants.

Court date is in 6 weeks. Will update after hearing.

Good for you for not settling! The security deposit calculator is really helpful for verifying the exact amounts including interest by day. When you have clear evidence like timestamped photos, judges almost always award the full 2X penalty.

Make sure to bring printed photos with EXIF data visible, not just phone photos. Courts like hard copies they can examine closely.