Tenant-Caused Damage: How to Document It and Bill It Fairly

Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

California puts tenant-caused damage on the tenant: "The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care" (Civil Code § 1929). At move-out, a security deposit may be used to repair damage "caused by the tenant or by a guest or licensee of the tenant," excluding ordinary wear and tear, with photos and receipts (Civil Code § 1950.5(b)(2), (g), (h)). No California statute sets a procedure for billing a tenant for damage during the tenancy, so that part is governed by the lease.

The short version

• Tenants must repair damage caused by their lack of ordinary care (§ 1929) and must not willfully or wantonly damage the unit or let anyone on the premises with their permission do so (Civil Code § 1941.2(a)(4)).
• Ordinary wear and tear is never chargeable to the tenant or the deposit (§ 1950.5(e)(2)(A)).
• Document damage when you find it: dated photos, a written description and the repair invoice.
• Billing during the tenancy is a lease matter. No statute sets a notice period or timeline; ask a California attorney before setting one up.
• Deductions at move-out follow § 1950.5: an itemized statement within 21 days, receipts and photos.
• Apply the same standard to every tenant, and never let a charge look like a response to a repair complaint.

Damage or wear and tear?

Section 1950.5 uses the phrase "ordinary wear and tear" but does not define it. What it does say is firm: a landlord may not claim against the tenant or the deposit for "defective conditions that preexisted the tenancy," for "ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy," or for "the cumulative effects of ordinary wear and tear occurring during any one or more tenancies" (§ 1950.5(e)(2)(A)).

The California Department of Real Estate's tenant guide offers examples, which it says are "not necessarily the law." For walls, it says minor marks or nicks are generally normal wear and tear, while "large marks or paint gouges are the tenant's responsibility." It gives a door jamb chewed by the tenant's dog as damage that may be charged.

For more examples and how to sort borderline cases, see normal wear and tear vs damage.

How to document damage during the tenancy

When you or a vendor finds damage, record it the same way every time:

• Date and time the damage was found, and by whom.
• Dated photos: a wide shot of the room and close-ups, with something for scale.
• A short, factual description. Describe what you see, not who you think did it.
• The tenant's account, if they give one, in their words.
• The move-in photos or checklist entry for the same spot, for comparison.
• The vendor's invoice, or for your own work, the time spent and the hourly rate.
• After-repair photos.

Some photos are required by statute. For tenancies beginning on or after July 1, 2025, the landlord takes photos "immediately before, or at the inception of, the tenancy" (§ 1950.5(g)(1)). Beginning April 1, 2025, the landlord also takes photos after the tenant returns possession but before any repairs or cleaning that will be deducted, and again after those repairs or cleaning are done (§ 1950.5(g)(2)). Good move-in records make every later damage question easier; see move-in inspection step by step and the move-in and move-out checklist.

Entering to look at damage follows Civil Code § 1954: reasonable written notice (24 hours is presumed reasonable) for necessary or agreed repairs, during normal business hours. See preventive maintenance checks and entry rules. Section 1950.5 sets no retention period for photos and invoices; see keeping rental records for a practical system.

Billing during the tenancy vs deducting at move-out

During the tenancy

Because no statute sets a procedure, a mid-tenancy damage bill rests on the lease and on § 1929. How to handle it (for example, whether the tenant repairs it themselves, pays a vendor's invoice, or the charge waits for move-out) is something the lease should address. A California attorney can review a damage clause before you rely on it, and should be consulted before you treat an unpaid damage charge as a lease violation.

Whether a lease may apply part of the deposit to damage during the tenancy, or require the tenant to top it up, is also a question for counsel. Section 1950.5's documentation rules are written around the end of the tenancy.

If a tenant disputes a charge, small claims court hears money claims up to $12,500 brought by a natural person and up to $6,250 brought by other plaintiffs, such as corporations or LLCs (Code of Civil Procedure §§ 116.221, 116.220, amended effective January 1, 2024).

At move-out

The deposit rules are detailed on the security deposits page and walked through in move-out step by step. For damage, the points that matter most:

1. Offer the initial inspection in writing within a reasonable time after either party gives notice to end the tenancy (§ 1950.5(f)(1)).
2. If the inspection was done, damage not listed in the itemized statement generally cannot be deducted later, unless it happened after the inspection or was hidden by the tenant's belongings (§ 1950.5(f)(4), (f)(6)).
3. Take the (g)(2) photos before repairs and after them.
4. Send the itemized statement, invoices and photos within 21 days. If a repair cannot be finished in time, a good-faith estimate is allowed, with the final documents due within 14 days after the work is done (§ 1950.5(h)(3)). The deposit return deadline calculator counts the days.

Bad-faith retention can cost the landlord the right to claim any of the deposit and statutory damages of up to twice the deposit (§ 1950.5(h)(7), (m)).

For taxes, IRS Publication 527 says that if you keep part or all of a security deposit because the tenant does not live up to the lease, you include the amount you keep in income in that year. See what counts as rental income.

Fair and consistent treatment

Charge for damage the same way for every tenant: same records, same standard for what counts as damage, same timing. Never treat tenants differently by any protected class.

Watch the timing around repair requests. Under Civil Code § 1942.5, a landlord may not raise rent, decrease services or move to end a tenancy in retaliation for a tenant's good-faith repair complaint or exercise of other legal rights. A damage charge that appears only after a complaint invites a dispute, so a record made when the damage was found matters. See retaliation, harassment and lockouts.

One more link between damage and repairs: a tenant cannot use repair and deduct for a condition caused by their own violation of § 1929 or § 1941.2 (Civil Code § 1942(c)). Who repairs what in general is covered in who pays for repairs in a California rental.

For owners

Fix damage that affects habitability or safety promptly, then sort out the cost. Keep one file per unit with move-in photos, damage records and invoices, and have your damage-billing clause reviewed.

For renters

Report damage yourself, promptly, even when it was an accident; a quick report often means a smaller repair. Take your own dated photos at move-in and move-out. If you receive a charge, ask for the invoice and photos, and compare them with the move-in record.

Local rules

Cities in San Diego County can add their own tenant rules, and permits for damage repairs come from your city's building department (in the City of San Diego, the Development Services Department; in the unincorporated County, Planning & Development Services). Check your city's code before relying on state rules alone.

Frequently asked questions

Can a California landlord bill a tenant for damage before move-out?

Section 1929 makes the tenant responsible for damage caused by their lack of ordinary care, but no statute sets a procedure or timeline for a mid-tenancy bill. The lease governs how it works. Have a California attorney review the lease terms before billing.

What is the difference between damage and normal wear and tear?

Section 1950.5 does not define ordinary wear and tear, but it bars charging for it, for preexisting conditions, or for the cumulative effects of wear across tenancies. The Department of Real Estate's tenant guide treats minor nicks in walls as wear and tear and large gouges as damage, while noting its examples are not necessarily the law.

Does a tenant pay for damage a guest caused?

Often, yes. Section 1941.2(a)(4) covers willful or wanton damage by any person on the premises with the tenant's permission, and § 1950.5(b)(2) allows deposit deductions for damage caused by "a guest or licensee of the tenant." For a specific charge, ask a California attorney.

Do I need receipts for a small deposit deduction?

Not if repair and cleaning deductions together total $125 or less (§ 1950.5(h)(4)). The tenant may still ask for the documentation within 14 days of receiving the itemized statement, and the landlord must provide it within 14 days of the request (§ 1950.5(h)(5)).

How long should I keep damage photos and invoices?

Section 1950.5 requires the photos and invoices but sets no retention period. The IRS has its own record periods for tax purposes; see keeping rental records.

This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.

McKee Properties manages rentals and runs an in-house maintenance division, Certified Property Maintenance; see maintenance services.

Sources

• Civil Code § 1929 (opens in a new tab)
• Civil Code § 1941.2 (opens in a new tab)
• Civil Code § 1942 (opens in a new tab)
• Civil Code § 1942.5 (opens in a new tab)
• Civil Code § 1950.5 (opens in a new tab)
• Civil Code § 1954 (opens in a new tab)
• Code of Civil Procedure § 116.220 (opens in a new tab)
• Code of Civil Procedure § 116.221 (opens in a new tab)
• California Department of Real Estate, California Tenants (2026 edition) (opens in a new tab)
• IRS Publication 527 (opens in a new tab)

Verified October 19, 2026.