Security deposit deducted $2,800 for ‘normal wear’ — California

I lived in my apartment in Sacramento for four years. I kept it in great shape, cleaned it thoroughly before moving out, and even hired a professional cleaning service. My security deposit was $3,200.

I just got the landlord's deduction statement and he's keeping $2,800. The charges include $1,400 for "carpet replacement," $900 for "full repaint," and $500 for "general cleaning and repairs." I'm getting back $400 out of $3,200.

After four years, carpet and paint are normal wear and tear. The carpet wasn't stained or damaged — it was just old. The paint wasn't marked up, it was just the original paint from when I moved in. And I have the receipt from the professional cleaner.

This feels like theft. What can I do?

You likely have a very strong case. California law is extremely protective of tenants when it comes to security deposits. Here's the framework:

California Civil Code § 1950.5 governs security deposits. Key provisions:

• Landlord must return the deposit (or an itemized statement of deductions with receipts) within 21 calendar days of move-out
• Deductions are only permitted for: unpaid rent, cleaning costs beyond what the tenant already cleaned, and repair of damages beyond normal wear and tear
• Normal wear and tear cannot be deducted — this is explicit in the statute

After four years of occupancy, carpet showing its age and paint needing refreshing are textbook normal wear and tear. The California Department of Consumer Affairs guidelines and case law (e.g., Granberry v. Islay Investments) make clear that carpet has an expected useful life, typically 8-10 years. After 4 years, the carpet is already halfway through its life — at most, the landlord could charge you for a prorated portion if there was actual damage beyond wear, not the full replacement cost.

As for the repaint: landlords are expected to repaint between tenants. That's a cost of doing business, not a tenant charge.

If the landlord retained your deposit in bad faith, § 1950.5(l) allows the court to award you up to twice the amount of the security deposit in addition to actual damages. That's potentially $6,400 on top of the $2,800 you're owed.

I'd start with a demand letter. We have a template specifically for this at /Demand-Letters/Landlord-Tenant/security-deposit-demand-letter.html.

Thank you. A few follow-up questions: I did take photos at move-out but I didn't do a formal walk-through inspection with the landlord. He offered one but I was in a rush on moving day. Does that hurt me?

Also, the itemized statement didn't include any receipts. It just listed the charges with dollar amounts. Is that a problem for him?

Not doing the walk-through isn't ideal, but it's not fatal to your case. The pre-move-out inspection is the landlord's obligation to offer under § 1950.5(f), and its purpose is to give tenants a chance to fix issues before move-out. Skipping it doesn't waive your right to dispute deductions.

As for the missing receipts: that's actually a significant problem for the landlord. Under § 1950.5(g)(2), the itemized statement must include copies of documents showing charges for repairs or cleaning. If actual work was done, the landlord must provide receipts or invoices. If the work hasn't been done yet, the landlord must send a good-faith estimate and then provide actual receipts within 14 days of completion.

The fact that he provided no receipts suggests either the work hasn't been done (meaning he's pocketing your deposit) or he's inflating the numbers. Either way, it strengthens your case considerably.

Bottom line: send the demand letter requesting a full refund of $2,800, cite the statute, and give him 14 days to respond. If he doesn't, file in small claims court. The filing fee is minimal and you don't need an attorney for small claims in California.

Won almost this exact case in Sacramento small claims last year. Landlord charged me $1,800 for carpet after a 5-year tenancy. Judge awarded me the full $1,800 back plus $3,000 in bad faith penalties under 1950.5(l).

Three tips from my experience:

• Bring your move-out photos printed in color (not on your phone screen)
• Bring the professional cleaning receipt
• Look up the useful life guidelines — the California Apartment Association publishes them. Carpet is usually 8-10 years, paint is 2-3 years (which actually helps landlords on paint, but after 4 years they can't charge you at all)

Judges in small claims see these cases constantly and they do not have patience for landlords who gouge on deposits.

Rob, that's really encouraging. I'm going to send the demand letter this week and if he doesn't return the money, I'll file in small claims. I have all my photos backed up and the cleaning receipt in my email.

One more thing — should I ask for the bad faith penalty in my demand letter, or save that for court?

Mention it. You're not required to, but stating that you're aware of the bad faith penalty provision under § 1950.5(l) signals that you know your rights and are serious about pursuing them. It often motivates a quicker settlement.

Something like: "Please be advised that California Civil Code § 1950.5(l) provides that a landlord who retains a security deposit in bad faith may be liable for up to twice the amount of the deposit in additional damages."

Keep it factual, not threatening. Let the statute speak for itself.

As a property manager, cases like this make me cringe. Landlords who try to use security deposits as a profit center are shooting themselves in the foot. Between bad faith penalties and the time spent in small claims, it always costs more than just doing the right thing.

We use a depreciation schedule for everything. After 4 years on carpet with a 10-year life, the tenant owes 0% if the carpet is simply worn, and at most 60% of replacement cost if there's actual damage beyond wear. For paint, after 4 years with a 3-year expected life, the landlord can't charge anything — it's fully depreciated. These aren't just good practices, they're what the law expects.