Landlord Keeping $3,800 Security Deposit for “Normal Wear and Tear” in California

Lived in an apartment in San Diego for 5 years. Paid $3,800 security deposit. Left the place clean, did a walk-through with the property manager who said "looks good." Now I got an itemized deduction list: $1,200 for "carpet replacement," $800 for "repainting," $600 for "deep cleaning," and $1,200 for "appliance wear." They're keeping the entire deposit.

After 5 years, isn't carpet and paint normal wear and tear?? The apartment was in better condition than when I moved in.

In California, after 5 years of tenancy, carpet and paint are almost always considered normal wear and tear. The general rule of thumb:

• Carpet: Useful life of 8-10 years. After 5 years, the carpet is 50-60% depreciated. The landlord can only charge for the remaining useful life, and even that requires proof of damage beyond normal wear.
• Paint: 2-3 year useful life. After 5 years, paint is fully depreciated. Repainting is the landlord's cost, period.
• "Deep cleaning": If you left the unit in reasonable clean condition, this is not deductible. Normal cleaning between tenants is the landlord's responsibility.
• "Appliance wear": This is almost certainly normal wear and tear after 5 years.

Send a demand letter citing CC Section 1950.5 and requesting the full $3,800 back. If they refuse, file in small claims court. In bad faith cases, the court can award up to 2x the deposit ($7,600).

Document everything with move-in and move-out photos if you have them. The walk-through where the property manager said "looks good" is great evidence. Did you record it or get it in writing?

I have text messages from the property manager right after the walk-through saying "apartment looks great, should be a smooth deposit return." Saved screenshots.

That text message is golden. A property manager's written acknowledgment that the unit was in good condition directly contradicts their subsequent deductions. Include that in your demand letter. The landlord will likely settle quickly once they see that evidence.

I sued my landlord in SD small claims for the same thing — $2,400 deposit, bogus deductions for paint and carpet after 4 years. Judge awarded me $4,800 (2x) because the landlord couldn't produce any evidence of damage beyond normal wear. The whole small claims process took 6 weeks. File and don't be intimidated.

The bad faith 2x penalty is what makes California great for tenants on this issue. Landlords who routinely steal deposits are gambling that tenants won't fight. Most don't. But when you do, the law is overwhelmingly on your side.

Update: Sent the demand letter with the text message screenshot attached. Landlord's management company called within 3 days and offered to refund $3,400 (keeping $400 for "minor cleaning"). I accepted — not worth fighting over $400 when I got 90% back. Thanks for the advice.