Normal Wear and Tear California: What Can’t Be Deducted (2026)

✓ Law Verified September 28, 2026

Normal wear and tear California rules come from Civil Code Section 1950.5, and they stop a landlord from charging your deposit for the normal aging of a home. Under normal wear and tear California law, your landlord has 21 calendar days after you move out to send an itemized statement and return what is left.

The short answer: Under normal wear and tear California law, your landlord can use your deposit for only four things: unpaid rent, damage beyond ordinary wear and tear, cleaning back to move-in condition, and certain items your lease covers. They cannot charge for problems that were there before you moved in. They cannot charge for wear from normal living, or for wear built up over past tenancies. If you go to court, the landlord must prove their charges were reasonable.

What Normal Wear and Tear California Actually Says

If a letter cites Section 1950.5, it is about your security deposit. Subdivision (b) lists what the money can be used for. That covers unpaid rent, repairing damage caused by you or your guests, and cleaning. It also covers restoring property, but only if your lease allows it. However, the damage and property items share one limit. The statute says they are “exclusive of ordinary wear and tear.” In plain English, normal wear and tear California rules put that category off-limits.

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Subdivision (e)(2)(A) is the heart of the law. Your landlord cannot claim for defects that existed before your tenancy. They cannot claim for ordinary wear and tear, whether it happened before or during your stay. They also cannot charge for the cumulative effects of wear across one or more tenancies. For example, carpet worn thin by years of renters is not your bill.

The statute does not give a list defining “ordinary wear and tear.” Typically, it means the slow decline that comes from careful, everyday living. In most cases, that can include faded paint, light scuffs, or carpet worn along walking paths. Damage, by contrast, usually comes from accidents, neglect, or misuse. Because normal wear and tear California disputes turn on facts, photos and dated records matter a lot. You can read the full text on the official California Legislature site.

Provision Exact rule Section
Allowed uses of deposit Unpaid rent, damage beyond ordinary wear and tear, cleaning, restoring property if the lease allows it 1950.5(b)(1)-(4)
Wear and tear ban No claim for defects that existed before you moved in, ordinary wear and tear, or cumulative wear over past tenancies 1950.5(e)(2)(A)
Repair cost limit A reasonable amount to restore move-in condition, not counting ordinary wear and tear 1950.5(e)(2)(B)
Professional carpet cleaning Only if reasonably necessary to restore move-in condition, not counting wear and tear 1950.5(e)(2)(C)
Cleaning standard Same level of cleanliness as at move-in (tenancies beginning after January 1, 2003) 1950.5(b)(3)
Pre-move-out inspection On your request, no earlier than 2 weeks before move-out, with 48 hours’ written notice 1950.5(f)(1)
Photos Move-in photos for tenancies beginning on or after July 1, 2025; photos after move-out and after repairs beginning April 1, 2025 1950.5(g)
Itemized statement No later than 21 calendar days after you move out 1950.5(h)(1)
Receipts Required unless repairs and cleaning total $125 or less, or you signed a valid waiver 1950.5(h)(2), (h)(4)
Bad-faith penalty Up to twice the amount of the deposit, plus actual damages 1950.5(m)
“Nonrefundable” deposits Not allowed in any lease 1950.5(n)

Who Normal Wear and Tear California Covers (and Who It Does Not)

Subdivision (a) says the law applies to deposits for residential property used as the tenant’s home. That covers most houses and apartments people rent to live in. As a result, normal wear and tear California protections follow you whether your landlord is a big company or one owner. Commercial spaces, like a shop or office, are not covered by this section.

The law defines “security” very broadly. It includes any payment, fee, deposit, or charge collected at the start of the tenancy. In most cases, that means a “cleaning fee” or “move-in fee” is still treated as a deposit. The name on it does not matter. One exception is the application screening fee, which Section 1950.6 handles instead. Also, subdivision (n) bans any lease clause calling a deposit “nonrefundable.”

There is one narrow limit. The pre-move-out inspection rules do not apply when a tenancy ends under Code of Civil Procedure Section 1161, subdivisions (2), (3), or (4). However, the ban on wear-and-tear charges still applies in those cases. Some California cities also add their own deposit rules. Check with your city’s rent board or housing office. Local rules can only add to normal wear and tear California protections, not take them away.

What Your Landlord Must Do Under This Law

Before you leave, your landlord must tell you in writing that you can ask for an initial inspection. You also have the right to be there. The inspection can happen no earlier than 2 weeks before you move out. Typically, the landlord must give 48 hours’ written notice of the time. Afterward, they must give you a written list of proposed deductions. You then have until move-out to fix those items.

This step is powerful. If the inspection happens and your belongings do not block the view, the landlord generally cannot later deduct for items missing from that list. Under normal wear and tear California law, the landlord must also take photos. For tenancies starting on or after July 1, 2025, that includes move-in photos. Beginning April 1, 2025, they must photograph the unit after you return it and again after repairs.

Deadline: Your landlord must send an itemized statement and any refund no later than 21 calendar days after you move out. If a repair cannot reasonably be finished in 21 days, they may deduct a good-faith estimate. They must then send the final paperwork within 14 calendar days of finishing the repair or getting the documents.

The statement must come with proof. If the landlord did the work, they must describe it, list the time spent, and give the hourly rate. If someone else did it, they must include the bill or receipt. For repairs or cleaning, they must include the photos. However, receipts are not required if repairs and cleaning total $125 or less. Even then, normal wear and tear California rules still bar any charge for ordinary aging.

What You Can Do When It Is Broken

Start by reading the itemized statement closely. Mark every charge that looks like ordinary wear and tear. If receipts were left out, you can ask for them within 14 calendar days of getting the statement. The landlord then has 14 calendar days to send them. Next, write a short letter asking for the money back. Cite Section 1950.5(e)(2)(A) and keep a copy.

If that does not work, you may be able to sue in small claims court. Subdivision (o) allows this if your claim fits within the limits in Code of Civil Procedure Section 116.220 or 116.221. Confirm the current dollar limit with your local court. In court, the landlord has the burden of proving the charges were reasonable. That is a big advantage for tenants in normal wear and tear California cases.

If the landlord kept your money in bad faith, a judge may award up to twice the deposit amount, plus your actual losses. A landlord who fails the statement rules in bad faith may lose the right to keep any of the deposit. Outcomes are never guaranteed, so bring your lease, photos, and texts. Under normal wear and tear California law, proof of your deposit can include a canceled check or receipt.

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If you also face an eviction, contact a local legal-aid office or tenant attorney right away.

Frequently Asked Questions

Can my landlord charge me to repaint after I lived there for years?

In most cases, paint that faded or scuffed from normal living is ordinary wear and tear. Normal wear and tear California law bars charging you for it. However, a landlord may be able to charge for damage beyond normal use, such as large stains or unapproved paint colors.

Can they automatically charge me for professional carpet cleaning?

No. Subdivision (e)(2)(C) allows this charge only when it is reasonably necessary to restore the carpet to its move-in condition. Worn carpet along walking paths is typically normal wear and tear California tenants do not pay for.

What if my landlord never sent anything within 21 days?

The law requires the itemized statement no later than 21 calendar days after you move out. A bad-faith failure may cost the landlord the right to keep any of the deposit. Send a written demand, then consider small claims court or a local legal-aid office.

Bottom line: Your deposit is not a fund for fixing a home’s normal aging. Under normal wear and tear California law, your landlord can charge only for real damage, unpaid rent, and cleaning back to move-in level. They also have 21 calendar days to show their work. Ask for the inspection, keep photos, and challenge any charge you believe is ordinary wear and tear.

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Find Your State’s Exact Rules

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.