The Line the Law Draws
Most California security deposit disputes come down to one question: is this ordinary wear and tear, or is it damage? The answer decides whether the landlord can charge you for it.
Civil Code § 1950.5 draws the line this way. A landlord may use the deposit to repair damage to the unit "exclusive of ordinary wear and tear" that you, a guest, or a licensee caused (§ 1950.5(b)(2)). The landlord may not claim anything for ordinary wear and tear or its effects, including the cumulative effects of wear and tear over one or more tenancies, or for damage that existed before you moved in (§ 1950.5(e)(2)(A)). The California courts' self-help guide on security deposits states the same rule in plain language.
The statute does not list which items count as wear and tear. So each disputed charge turns on its facts, and the judge decides. This guide shows how to frame each item, what evidence answers it, and how much a landlord may charge even when there is real damage. For the full deposit rules, see our California security deposit law guide.
The Example: Lucia's $3,200 Deposit
Lucia rented an apartment in Los Angeles for four years and paid a $3,200 deposit. When she moved out, the landlord's itemized statement deducted:
- $900 to repaint the unit, citing faded walls and small nail holes from hanging pictures
- $1,400 to replace the carpet, citing worn paths in the hallway and living room
- $350 to replace a window pane that a friend cracked while helping her move
- $200 for professional carpet cleaning
Lucia accepts the window. She disputes the rest. We follow her case below.
The Rules That Apply
| Rule | What it says | Source |
| Damage is deductible | Repairing damage caused by the tenant, a guest, or a licensee, exclusive of ordinary wear and tear | Civil Code § 1950.5(b)(2) |
| Cleaning is limited | Cleaning only to return the unit to the level of cleanliness it had when the tenancy began | Civil Code § 1950.5(b)(3) |
| Only reasonable amounts | The landlord may claim only amounts reasonably necessary for those purposes | Civil Code § 1950.5(e)(1) |
| No charge for wear and tear | No claim for ordinary wear and tear or its effects, including cumulative wear over one or more tenancies | Civil Code § 1950.5(e)(2)(A) |
| No charge for preexisting damage | No claim for damage or defects that existed before the tenancy | Civil Code § 1950.5(e)(2)(A) |
| Restore, not upgrade | Charges for materials and work are limited to a reasonable amount to restore the unit to its condition at the start of the tenancy, exclusive of ordinary wear and tear | Civil Code § 1950.5(e)(2)(B) |
| Professional cleaning | No charge for professional carpet cleaning or other professional cleaning unless reasonably necessary to return the unit to its move-in condition, exclusive of ordinary wear and tear | Civil Code § 1950.5(e)(2)(C) |
| Burden of proof | In a lawsuit, the landlord must prove the amounts claimed were reasonable | Civil Code § 1950.5(m) |
Sorting Common Items
Because the statute does not classify specific items, think of each charge as a question the judge will ask. The table below shows the question and the evidence that tends to answer it.
| Item | The question | Evidence that answers it |
| Faded or scuffed paint | Is this the normal result of years of living there, or something you did? | Move-in photos, how long since the last repaint, the length of your tenancy |
| Small nail holes | Is this ordinary use of the walls, or damage beyond it? | Photos showing their size and number, lease terms on hanging pictures |
| Worn carpet paths | Is this the cumulative effect of normal foot traffic, which § 1950.5(e)(2)(A) excludes? | The carpet's age at move-in, move-in photos, how long you lived there |
| Stains, burns or tears | Did you or a guest cause a specific injury to the carpet or floor? | Move-in and move-out photos of the same spot |
| Broken window or door | Who caused it? Damage caused by the tenant or a guest is deductible under § 1950.5(b)(2) | Photos, messages, any repair or police report |
| Professional cleaning | Was it reasonably necessary to return the unit to its move-in condition? | Move-in and move-out photos, your cleaning receipts |
How Much Can a Landlord Charge for Real Damage?
Even when an item is damage, the charge has limits. The landlord may claim only a reasonable amount needed to restore the unit to the condition it was in when your tenancy began, excluding ordinary wear and tear (§ 1950.5(e)(2)(B)).
That matters for items that were already old. In Lucia's case, if the carpet was already worn when she moved in, a charge for a brand-new carpet goes beyond restoring it to its move-in condition. The same reasoning applies to repainting walls that were due for paint anyway. How a judge values an older item depends on the facts, so bring evidence of its age and condition at move-in.
The landlord must also back up repair and cleaning deductions with documents. When repair and cleaning charges together exceed $125, the itemized statement must include receipts or invoices and photographs (§ 1950.5(h)(2), (h)(4)(A)). If they are missing, you can request them within 14 days of receiving the statement (§ 1950.5(h)(5)).
How to Challenge a Wear-and-Tear Deduction
Step 1: List Each Deduction Separately
Write down every charge on the itemized statement with its amount. Mark which ones you accept and which you dispute. Lucia accepts the $350 window and disputes the $2,500 for paint, carpet, and cleaning.
Step 2: Match Each Disputed Charge to the Rule It Breaks
For each disputed item, note the rule: ordinary wear and tear (§ 1950.5(e)(2)(A)), preexisting condition (§ 1950.5(e)(2)(A)), an upgrade rather than a restoration (§ 1950.5(e)(2)(B)), or unnecessary professional cleaning (§ 1950.5(e)(2)(C)).
Step 3: Gather Your Evidence
Collect move-in and move-out photos of the same spots, your lease, any move-in checklist, and anything showing when the carpet or paint was last replaced. For tenancies that began on or after July 1, 2025, the landlord must take photographs at or just before move-in (§ 1950.5(g)(1)). Ask for them. Our guide on preserving evidence covers what to save.
Step 4: Request the Landlord's Documents
If the statement lacks receipts or photos for charges over $125, request them in writing within 14 days of receiving it (§ 1950.5(h)(5)).
Step 5: Send a Demand Letter
Explain each disputed charge in one or two sentences, cite the rule, and ask for a specific amount by a specific date. Our guide on how to write a demand letter includes a sample.
Step 6: File in Small Claims Court if Needed
If the landlord does not pay, you can file an SC-100. Individuals can sue for up to $12,500 (CCP § 116.221), and deposit claims can be brought in small claims court within that limit (Civil Code § 1950.5(o)). In court, the landlord must prove the deductions were reasonable (§ 1950.5(m)). Our SC-100 guide walks through the form.
Frequently Asked Questions
What counts as ordinary wear and tear in California?
The statute does not give a list. It says the landlord cannot charge for ordinary wear and tear or its effects, including the cumulative effects of wear over one or more tenancies (Civil Code § 1950.5(e)(2)(A)). Whether a specific item qualifies depends on the facts, and the judge decides.
Can my landlord charge me to repaint after I move out?
Not for the ordinary effects of living there, such as fading from age and use (Civil Code § 1950.5(e)(2)(A)). If you caused damage beyond that, the landlord may charge a reasonable amount to restore the walls to their move-in condition (§ 1950.5(b)(2), (e)(2)(B)).
Can my landlord charge for professional carpet cleaning?
Only if it is reasonably necessary to return the unit to its move-in condition, excluding ordinary wear and tear (Civil Code § 1950.5(e)(2)(C)).
Can my landlord charge me for damage that was there before I moved in?
No. The landlord may not claim anything for damage or defective conditions that existed before your tenancy (Civil Code § 1950.5(e)(2)(A)). Move-in photos are the best way to show this.
Who has to prove the deduction was fair?
In a lawsuit over the deposit, the landlord has the burden of proving that the amounts claimed were reasonable (Civil Code § 1950.5(m)).
What if my landlord also missed the 21-day deadline?
That is a separate problem with its own consequences. See our guide on what to do when the landlord missed the 21-day deadline.
Let Accessible Justice Sort Your Deductions
Telling wear and tear from damage takes the right evidence, item by item. Accessible Justice reviews your itemized statement and photos, identifies which deductions the law does not allow, and prepares your demand letter and, if needed, your SC-100. A licensed California attorney reviews your case before anything is sent.
This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.
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