Details
Normal wear and tear in California is the one thing a landlord can never charge to your security deposit. Civil Code section 1950.5 lets a landlord deduct for damage “exclusive of ordinary wear and tear,” and separately bars any claim for wear and tear or its effects. The harder question is where wear ends and damage begins, which is where most deposit fights start. The full deposit rules are in the California security deposit law guide.
Quick answer: No — a California landlord cannot charge you or your deposit for ordinary wear and tear, whether it happened during your tenancy, before it, or built up over several tenancies (Civil Code 1950.5(e)(2)(A)). The landlord can deduct only for damage beyond ordinary wear and tear caused by you or your guests, and for cleaning needed to return the unit to its move-in level of cleanliness. The statute does not define “ordinary wear and tear,” so disputes turn on the facts and the photos.
What the statute actually says
Three parts of section 1950.5 do the work:
- 1950.5(b)(2) allows deductions to repair damage “exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.”
- 1950.5(e)(2)(A) says the landlord may not claim for damage or defects that existed before 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)(B) limits any claim to a reasonable amount needed to restore the unit to its condition at the start of the tenancy, again excluding ordinary wear and tear.
What the statute does not do is define “ordinary wear and tear.” It gives no list of examples, no rule on how many nail holes are acceptable, and no useful-life table for carpet or paint. Any list you see, including the one below, is general guidance and not statutory text.
Normal wear and tear vs damage: common examples
The table below is editorial guidance on how these items are commonly treated. It is not a list from the statute, and a specific case can come out differently depending on the age of the item, how long you lived there and what the move-in records show.
| Commonly treated as ordinary wear and tear | Commonly treated as damage |
|---|---|
| Paint that has faded or dulled with time | Unapproved paint colors, crayon or marker on walls |
| A few small nail or picture-hanger holes | Large holes, such as from a pulled-out TV mount or a door handle through drywall |
| Carpet worn thin in walkways | Carpet with burns, rips, or deep pet stains |
| Light scuffs on floors from furniture | Deep gouges in hardwood or chipped tile |
| Loose door handles or sticky hinges from ordinary use | Broken doors, cracked windows, or missing screens |
| Minor sun fading on blinds or curtains | Bent, broken or chewed blinds |
The pattern behind most of these examples: gradual deterioration from normal living is wear, while a specific event or misuse that causes harm is damage.
Wear from earlier tenancies can’t be billed to you
The “cumulative effects” language in 1950.5(e)(2)(A) matters most in older units. If the carpet was already worn when you moved in and wore further during your stay, the landlord cannot charge you to replace it simply because it has now reached the end of its life. Wear that accumulated across you and the tenants before you is still wear, and preexisting defects are off-limits too.
Cleaning: back to move-in level, not better
Under 1950.5(b)(3), a landlord may deduct for cleaning needed “to return the unit to the same level of cleanliness it was in at the inception of the tenancy.” That standard applies to tenancies that began after January 1, 2003. It is a comparison, not an absolute: if the unit was spotless when you moved in, you are expected to leave it that way; if it was not, you are not expected to improve it.
Since AB 2801 (2024), section 1950.5(e)(2)(C) also says a landlord may not require you to pay for, or deduct for, professional carpet cleaning or other professional cleaning unless it is reasonably necessary to return the unit to its move-in condition, excluding ordinary wear and tear. A lease clause that automatically charges a flat professional-cleaning fee at move-out does not fit that rule.
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Photos now settle many wear-and-tear disputes
AB 2801 also added a photo requirement in 1950.5(g):
- For tenancies beginning on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy.
- Since April 1, 2025, the landlord must photograph the unit within a reasonable time after you return possession but before any repairs or cleaning that will be deducted, and again after those repairs or cleaning are done.
- Under 1950.5(h)(2)(D), those photos go to you with the itemized statement, by mail, email, flash drive or a link.
Take your own dated photos and video at move-in and move-out as well. They are the most direct evidence of whether a scuff or stain was already there.
Worked example: sorting a $2,000 deposit
Say you paid a $2,000 deposit and lived in the unit for three years. Your itemized statement arrives listing $400 to repaint every room, $250 to patch and paint a large hole where a TV mount pulled out of the wall, and $300 for professional carpet cleaning of carpet that was simply worn in the walkways.
- The $400 whole-unit repaint after three years of ordinary fading is the kind of charge commonly treated as wear and tear.
- The $250 patch for the TV-mount hole is the kind of charge commonly treated as damage, as long as the amount is reasonable.
- The $300 professional carpet cleaning is allowed only if it was reasonably necessary to restore the move-in condition, excluding wear.
If the first and third charges fall away, $1,750 should come back rather than $1,050. The statement must also include receipts or invoices, or a description of the landlord’s own time and hourly rate, unless repair and cleaning deductions total $125 or less (1950.5(h)(4)(A)). The guide to California security deposit deductions covers each allowed category in more detail.
How to push back on a wear-and-tear charge
- Request the initial inspection. Under 1950.5(f), you can ask for a pre-move-out inspection no earlier than two weeks before the tenancy ends, with at least 48 hours’ written notice of the time. You then get a list of proposed deductions and a chance to fix them.
- Check the 21-day deadline. The itemized statement and refund are due no later than 21 calendar days after you move out (1950.5(h)).
- Write a demand letter. Point to 1950.5(e)(2)(A) and your photos, and ask for the specific amount back. The free demand letter template is set up for this.
- Use small claims if needed. Deposit cases can go to small claims court, where an individual can sue for up to $12,500. If a court finds the landlord kept the deposit in bad faith, it can award up to twice the deposit amount in statutory damages on top of actual damages (1950.5(m)).
Questions people ask
Can a landlord charge for repainting after I move out?
Not for paint that has simply faded or dulled with age, which is commonly treated as ordinary wear and tear. A landlord can charge a reasonable amount to fix paint damage beyond ordinary wear, such as marker or large holes.
Are small nail holes normal wear and tear in California?
The statute does not address nail holes. A few small picture-hanger holes are commonly treated as wear; large holes or many anchors are more often treated as damage.
Can my landlord charge me for new carpet?
Not for carpet worn out by ordinary use, including wear that built up over earlier tenancies (1950.5(e)(2)(A)). A reasonable charge for burns, rips or stains beyond wear is allowed.
Does the landlord have to prove the damage?
In a bad-faith deposit case under 1950.5(m), the landlord bears the burden of proving the deductions were reasonable. Photos and receipts are how that proof is usually made.
Related California renter guides
- California security deposit law: the cap and the 21-day rule
- What California landlords can and can’t deduct
- How to get your security deposit back, step by step
- Security deposit demand letter template
- Security deposit deadline and cap calculator
- Move-in and move-out tenant rights checklist
This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.