Can a hotel charge me for damages without my agreement?

What the Law Says

California law allows hotels (and other lodging providers) to charge guests for damages they cause—but places clear limits on when and how those charges may be imposed.

Under California Civil Code §1940.5, a hotel or innkeeper may charge a guest for damage to property caused by the guest's negligence, willful misconduct, or failure to exercise ordinary care. However, the law prohibits charging for 'normal wear and tear'—such as faded carpet, minor scuffs, or light dusting needs.

The statute requires that any damage charge be 'reasonable' and supported by an 'itemized statement' provided to the guest within 30 days of checkout. If the hotel fails to provide this statement on time—or if the charge is found unreasonable—the guest may recover up to $500 in statutory penalties, plus actual damages and attorney’s fees.

Importantly, no prior written agreement (e.g., a signed waiver or deposit form) is legally required for the hotel to assess damage charges—but having one strengthens the hotel’s position and helps avoid disputes.

Statutory Text

A hotel or innkeeper may charge a guest for damage to property caused by the guest's negligence, willful misconduct, or failure to exercise ordinary care.

— Civil Code §1940.5(a) — Liability for damage

Statutory Text

The charge shall be reasonable and accompanied by an itemized statement provided to the guest within 30 days after checkout.

— Civil Code §1940.5(b) — Reasonableness and notice

Statutory Text

If the hotel fails to comply with subdivision (b), the guest may recover up to five hundred dollars ($500) in statutory damages...

— Civil Code §1940.5(e) — Penalty for noncompliance

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