US-CaliforniaCan my landlord keep my deposit for normal wear and tear?
No, your landlord cannot keep your security deposit for normal wear and tear in California. They can only deduct for damage beyond ordinary use, cleaning, unpaid rent, or other lawful charges.
What the Law Says
California law strictly limits how and when a landlord may withhold any portion of a tenant’s security deposit. The law distinguishes between 'normal wear and tear' — which the landlord must accept — and 'damage' — which may be deducted if it exceeds ordinary use.
Under California Civil Code § 1950.5, a landlord may only use a security deposit for four specific purposes: (1) unpaid rent; (2) cleaning the unit to return it to the condition it was in at the start of the tenancy, excluding normal wear and tear; (3) repairing damage caused by the tenant or their guests, beyond ordinary wear and tear; and (4) restoring or replacing personal property or fixtures, again only if damaged beyond ordinary wear and tear.
The law explicitly prohibits deductions for 'normal wear and tear', defined as deterioration that occurs through ordinary and reasonable use of the premises — such as faded paint, minor scuffs on floors, or worn carpet in high-traffic areas — without negligence, carelessness, or abuse.
Within 21 calendar days after you vacate, your landlord must either return your full deposit or provide an itemized written statement listing each deduction, along with receipts or invoices for repairs or cleaning over $126 (as of 2024). If they fail to comply in good faith, you may recover up to three times the amount wrongfully withheld.
Statutory TextThe landlord may deduct from a security deposit only those amounts necessary to remedy defaults in the payment of rent, to repair damages to the premises, to clean the premises, or to restore, replace, or return personal property or appurtenances.
— Civil Code § 1950.5(b)
Statutory Text‘Normal wear and tear’ means deterioration which occurs… without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his family, or his invitees or guests.
— Civil Code § 1950.5(h)(2)
What Courts Have Said
California courts have consistently reinforced that landlords bear the burden of proving deductions are justified — and that 'normal wear and tear' is not chargeable to tenants.
Held that landlords must distinguish objectively between ordinary wear and tenant-caused damage; subjective standards or cosmetic upgrades cannot justify deductions.
Confirmed that a landlord’s failure to provide a timely, itemized statement forfeits the right to retain any portion of the deposit, absent waiver or estoppel.
What to Do
Take dated photos/video of the unit before moving out — both overall and close-ups of any existing wear.
Request a pre-move-out inspection in writing (Civil Code § 1950.5(f) gives you this right).
Within 21 days of move-out, check for your deposit or an itemized statement with receipts.
If deductions appear improper (e.g., for faded paint or worn carpet), send a written dispute with evidence and cite Civil Code § 1950.5(h)(2).
If unresolved, file a claim in small claims court — you may recover up to three times the wrongful deduction plus court costs.
Sources
Same Question, Other Jurisdictions
UKNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.