California Security Deposit Deductions
In California, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 21 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied California record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | Only the cleaning reasonably necessary to return the unit to the same level of cleanliness as at move-in; professional cleaning may not be charged unless reasonably necessary for that purpose, exclusive of ordinary wear and tear. (Cal. Civ. Code § 1950.5(b)(3), (e)(2)(C)) |
| Carpet replacement | Conditional | Professional carpet cleaning may not be charged unless reasonably necessary to restore the unit to move-in condition exclusive of ordinary wear and tear; replacement is only for tenant-caused damage, not ordinary wear and tear or preexisting defects. No statutory useful-life schedule. (Cal. Civ. Code § 1950.5(e)(2)(A) - (C)) |
| Painting | Conditional | A landlord may not deduct for ordinary wear and tear or its cumulative effects; painting is only deductible if reasonably necessary to restore the unit to inception condition exclusive of ordinary wear and tear. No painting-specific statute. (Cal. Civ. Code § 1950.5(e)(2)(A) - (B)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No statute specifically addresses nail holes. Deductions are limited to a reasonable amount to restore the premises to inception condition exclusive of ordinary wear and tear; preexisting damage and ordinary wear and tear are not deductible. (Cal. Civ. Code § 1950.5(e)(2)(A) - (B)) |
| Pet damage | Yes | Deductible as repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant (a pet is treated as tenant-caused damage, not ordinary wear). (Cal. Civ. Code § 1950.5(b)(2)) |
| Unpaid rent and fees | Yes | The security may be used as compensation of a landlord for a tenant’s default in the payment of rent. Some early-termination statutes (e.g., domestic violence) restrict rent deductions; those are exceptions, not the general rule. (Cal. Civ. Code § 1950.5(b)(1)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 21 days |
| Receipts required | Conditional |
| Rule | Itemized statement of basis and amount of any security received and its disposition is due no later than 21 calendar days after the tenant vacates. Copies of bills/invoices/receipts (or time-and-rate if landlord did the work) are required unless combined repair-and-cleaning deductions are $125 or less, unless the tenant later requests documentation. |
| Citation | Cal. Civ. Code § 1950.5(h)(1) - (5) |
Burden of proof
In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits. Cal. Civ. Code § 1950.5(m).
Statute says
No later than 21 calendar days after the tenant has vacated the premises... the landlord shall furnish the tenant, a copy of an itemized statement indicating the basis for, and the amount of, any security received
What this means
Source accessed: .
If it was deducted anyway
Use the California demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free California template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under California law (Cal. Civ. Code §1950.5), a landlord must return the deposit or send a written, itemized list of deductions within 21 calendar days after tenant vacates the premises.
FAQ
What security deposit deductions are allowed in California?
Only the uses in the supplied California record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a California landlord have to itemize deductions?
Yes. Itemized statement of basis and amount of any security received and its disposition is due no later than 21 calendar days after the tenant vacates. Copies of bills/invoices/receipts (or time-and-rate if landlord did the work) are required unless combined repair-and-cleaning deductions are $125 or less, unless the tenant later requests documentation.
Who has the burden of proof for a California deduction?
In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits. Cal. Civ. Code § 1950.5(m).