Normal Wear and Tear vs. Damage in California Deposit Deductions

A California landlord may deduct from a security deposit only for the four purposes in Civil Code § 1950.5(b)(1) to (4), and may never charge for ordinary wear and tear, "whether the wear and tear preexisted the tenancy or occurred during the tenancy" (§ 1950.5(e)(2)(A)). The statute does not define ordinary wear and tear, so the working test is practical: is the charge reasonably necessary to restore the unit to its move-in condition, and can photos and receipts show it?

The short version

• Four deduction categories only: unpaid rent, damage beyond ordinary wear and tear, cleaning back to move-in level, and lease-authorized restoration of personal property.
• No charges for wear and tear, for its cumulative effects over several tenancies, or for defects that existed before the tenancy.
• Section 1950.5 uses the phrase "ordinary wear and tear" but does not define it. The Department of Real Estate's tenant guide offers examples, which it calls "not necessarily the law."
• Move-in photos (tenancies from July 1, 2025) and move-out photos before and after repairs are the best evidence for either side.
• Receipts or invoices are required when repair and cleaning deductions together exceed $125.

What a deposit can cover, and what it cannot

Subdivision (e) adds the limits. The landlord may claim only amounts "reasonably necessary" for those purposes. There can be no claim for damage or defects that preexisted the tenancy, for ordinary wear and tear, or for the cumulative effects of wear and tear over one or more tenancies. Charges for materials and labor are limited to a reasonable amount needed to restore the unit to its condition at the start of the tenancy, wear and tear excepted (§ 1950.5(e)(2)(B)). The full rule is on the security deposits page.

How the DRE guide draws the line (guidance, not law)

The California Department of Real Estate's 2026 tenant guide says the terms "reasonably necessary" and "normal wear and tear" are "vague and mean different things to different people," and offers practical examples that it says are consistent with the law but "not necessarily the law." Here are its examples, attributed to the guide:

The guide also describes prorating by useful life. Its illustration: a carpet with a 10-year life is 8 years old and costs $1,000 to replace, so the charge would be $200, the value of the two years of life left. For interior paint, it describes one approach that assumes a two-year life:

The guide notes that some landlords assume paint lasts three years or more. These figures are illustrations, not rates set by statute.

Building a deduction that holds up

1. Start from the move-in record. For tenancies beginning on or after July 1, 2025, the landlord must take photos immediately before or at the start of the tenancy (§ 1950.5(g)(1)). Compare each item to that baseline.
2. Use the initial inspection. If an initial inspection was held, the landlord generally cannot later deduct for repairs or cleanings left off the itemized list, except damage that came later or was hidden by the tenant's belongings (§ 1950.5(f)).
3. Photograph after move-out. Take photos within a reasonable time after the tenant returns possession and before repairs or cleaning, then again after the work (§ 1950.5(g)(2)).
4. Ask the two questions for each item. Is this damage or dirt beyond normal use? Is the amount only what is reasonably necessary to restore move-in condition?
5. Document the cost. For work by the landlord or an employee, describe the work, the time spent and a reasonable hourly rate. For a vendor, attach the bill, invoice or receipt with the vendor's name, address and phone. For materials, attach the bill or receipt (§ 1950.5(h)(2)).
6. Use an estimate if needed. If work cannot be finished within 21 days, a good-faith estimate may be deducted, and the final documents are due within 14 calendar days of completing the repair or receiving the paperwork (§ 1950.5(h)(3)).
7. Send everything on time. The itemized statement, documents and photos go out within 21 calendar days after the tenant vacates. The deposit return deadline calculator finds the date.

The $125 threshold: the receipt and estimate rules in (h)(2) and (h)(3) do not apply when repair and cleaning deductions together do not exceed $125 (§ 1950.5(h)(4)(A), as of October 2026). A tenant who asks for the documents within 14 calendar days after receiving the statement must still receive them within 14 calendar days of the request (§ 1950.5(h)(5)).

When the two sides disagree

Start by comparing photos side by side and asking for any missing receipts. A landlord who fails in bad faith to comply with the itemization rules is not entitled to claim any of the security (§ 1950.5(h)(7)), and bad-faith retention can bring statutory damages of up to twice the deposit plus actual damages (§ 1950.5(m)). A deposit claim "may be maintained in small claims court" if it is within that court's limits (§ 1950.5(o)), which as of October 2026 are $12,500 for a natural person and $6,250 for other plaintiffs such as LLCs (CCP §§ 116.221, 116.220).

For owners

• Keep a dated move-in record and a list of work done between tenancies, so you can show what was new and what was old.
• Price repairs at what restoring the item costs, not what upgrading it costs, and account for the item's age.
• Do not charge routinely for repainting or carpet cleaning at every turnover.
• If an assistance animal caused damage, you may charge for that damage, but not for ordinary wear and tear (2 CCR § 12185).

For renters

• Photograph the unit at move-in and move-out and keep the photos with your lease.
• Request the initial inspection and fix what you can before you leave.
• Clean to the level the unit had when you moved in; that is the standard, not "spotless."
• If deductions look too high, ask for the receipts and photos in writing, and keep copies of everything you send.

For the full sequence, see the move-out process and the move-in inspection. Coronado owners can also see coastal maintenance for Coronado rentals.

Local rules

Some California cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Does California law define normal wear and tear?

Civil Code § 1950.5 uses the phrase "ordinary wear and tear" several times but does not define it. The Department of Real Estate's tenant guide gives examples, such as carpet worn down by normal use being wear and tear while large rips or indelible stains may justify a deduction, and it says its suggestions are not necessarily the law.

Can a landlord charge for repainting after every tenant?

Not routinely. Paint that wears from normal living is wear and tear, which § 1950.5(e)(2)(A) bars charging for. The DRE guide suggests that minor marks are the landlord's responsibility, while many holes or large gouges could justify a charge, and it describes prorating repainting costs by the paint's age as one approach.

Can a landlord require professional carpet cleaning at move-out?

Only if it is reasonably necessary to return the carpet to its condition at the start of the tenancy, wear and tear excepted (§ 1950.5(e)(2)(C)). A lease clause requiring it at every move-out does not change that limit.

Does a landlord need receipts for every deduction?

Receipts or invoices are required when repair and cleaning deductions together exceed $125. At or below that amount they are not required with the statement, but a tenant who asks within 14 calendar days of receiving the statement must be given the documents within 14 calendar days of the request.

Can the landlord charge me for damage that was there when I moved in?

No. Section 1950.5(e)(2)(A) bars any claim against the tenant or the deposit for damage or defects that preexisted the tenancy. Move-in photos and a signed move-in checklist are the simplest way for both sides to show what was already there.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

• Civil Code § 1950.5 (opens in a new tab)
• California Department of Real Estate, California Tenants guide, 2026 edition (opens in a new tab)
• Code of Civil Procedure § 116.221 (opens in a new tab)
• Code of Civil Procedure § 116.220 (opens in a new tab)
• 2 CCR § 12185 (opens in a new tab)

Verified October 19, 2026.