What repairs can California landlords take out of your security deposit? What the law says
READ MORE
How To California
Our journalists are here to help you navigate life in the Golden State. You can send us questions — big and small — to howtocalifornia@mcclatchy.com. Here’s what we already answered:
Expand All
If you move out of a California rental, can a landlord deduct money from your security deposit for damage caused by normal wear and tear?
Here’s what our journalists with How To California — a new community-driven series to help readers navigate life in the Golden State — found:
BEHIND THE STORY
MOREWhy we did this story
Our community-driven series — How to California — is here to answer your questions about state laws, history, culture, recreation and travel in the Golden State.
McClatchy’s service journalism team, focused on helping our readers navigate daily life, works in communities across the state, including San Luis Obispo, Fresno, Merced, Modesto and Sacramento.
Ask us your questions — big and small — by emailing howtocalifornia@mcclatchy.com or filling out a form here.
Can a landlord deduct from your security deposit for normal wear and tear?
According to the California Courts website, a landlord can only deduct specific items from a security deposit.
A security deposit cannot be used for repairing defects that existed in the rental unit before you moved in or for “conditions caused by normal wear and tear” during your tenancy, according to the California Tenant Guide.
In California, landlords can deduct from a security deposit:
▪ For cleaning the rental unit upon move-out, but only to restore it to its original state when the tenant first moved in.
▪ Fixing damage caused by the tenant and their guests, excluding normal wear and tear.
▪ Restoring or replacing furniture or other items, but only if they were included in the rental agreement and the damage isn’t caused by normal wear and tear.
▪ When the tenant has unpaid rent, except in cases of COVID-19-related rental debt, where exceptions apply.
“As a tenant, you must take reasonable care of your rental unit and any common areas that you use,” the California Tenant Guide says.
To ensure you get your security deposit back, the guide says you should repair any damage you or anyone you’re responsible for, such as guests or pet, caused.
What is considered normal wear and tear on a rental property?
The California Tenant Guide says minor marks or nicks in walls, small defects to carpets, drapes and other furnishings are some examples of normal wear and tear.
What if your landlord fails to return your security deposit?
A landlord must return a tenant’s security deposit within 21 days after move-out.
If a landlord doesn’t return a security deposit within the legally required time frame or if the tenant disagrees with the deductions, they can write a letter requesting the return of the security deposit.
If the tenant and landlord cannot reach an agreement, both parties have the option to take legal action against one another regarding the return of the security deposit.
They both can sue for the amount of the deposit or for damages up to twice the amount of the security deposit if the judge rules that the landlord acted in bad faith, according to the California Courts website.
However, tenants are limited to suing for a maximum of $12,500 in small claims court.
This story was originally published May 30, 2024 at 5:00 AM with the headline "What repairs can California landlords take out of your security deposit? What the law says."
