Wear and Tear vs. Damage: What Landlords Can Deduct from the Security Deposit

Understanding the difference between normal wear and tear and tenant-caused damage is key to making lawful deductions from a tenant’s security deposit. Below are examples, practical guidance, and updates on recent state law changes under AB 2801 to help Berkeley rental housing providers stay compliant and fair.

What Is "Ordinary Wear and Tear"?

These are conditions that result from normal use of the property over time. They’re expected and not chargeable to the tenant.

Common examples include:

• Minor scuffed, peeling, or faded paint

• Rusted kitchen or bathroom fixtures

• Normal carpet wear or light furniture marks

• Loose or missing grout

• Discoloration or sun fading on floors or window coverings

• Worn finish on hardwood or linoleum

What Counts as Damage Beyond Normal Use?

These are conditions that result from negligence, misuse, or intentional actions and may warrant a deduction if properly documented.

Examples include:

• Holes in walls or doors

• Crayon, ink, or food stains on walls or cabinets

• Torn or burned flooring

• Broken windows, fixtures, or appliances

• Missing blinds or bent curtain rods

• Pet damage: scratches, odors, fleas

• Lost or broken keys or remotes

• Mildew from poor cleaning habits

• Clogged toilets from non-flushable items

• Damage to furnished unit items

At-a-Glance Comparison Table

Example: Damaged Carpet

Q: The carpet was new when the tenant moved in two years ago. It's now stained and torn. Can I deduct the full replacement cost?

A: Yes, if the damage goes beyond normal use. While California law does not require landlords to depreciate, using a prorated method can help demonstrate fairness:

If a carpet has a 10-year lifespan, and the tenant caused damage after 2 years, you might reasonably deduct 80% of the replacement cost.

This approach is not required, but it may help defend your deduction if challenged in small claims court.

What About Cleaning Costs?

California law allows deductions only for cleaning needed to return the unit to its original condition at move-in, not to a “professionally cleaned” standard—unless the unit was professionally cleaned beforehand and that expectation was clearly documented.

Q: The oven has baked-on grease, but it was spotless at the time of move-in. Can I deduct the cleaning?

A: Yes, if you documented the condition at move-in (e.g., checklist and photos), and the grease buildup goes beyond what’s reasonable from normal use.

🔍 Example: Dirty Oven Deduction

Q: The tenant left baked-on grease and burnt food in the oven, but it was spotless at move-in. Can I deduct the cleaning cost?

A: Yes, if you documented the condition at move-in (e.g., checklist and photos), and the oven was returned in an unreasonably dirty condition. Tenants are required to clean the unit before moving out, though not to professional standards. However, baked-on grease and burnt food residue are not the result of ordinary use. A reasonable cleaning charge is appropriate when the appliance is left in this condition, especially if supported by before-and-after photos and a cleaning invoice.

Pre–Move-Out Inspection: What You Miss, You Can’t Charge For

Under California Civil Code § 1950.5(f), tenants have the right to request a pre–move-out inspection after they give notice to vacate (or after a termination notice has been served, in cases where the tenant is not protected by eviction controls).

• You may offer the inspection any time after notice has been received or served.

• However, the inspection itself must take place within the final two weeks of the tenancy.

At the inspection, you must:

• Conduct a walkthrough with or without the tenant present

• Provide a written itemized statement listing any repairs or cleaning you plan to deduct for

• Give the tenant an opportunity to address those issues before they move out

⚠️ Critical Limitation:

You cannot deduct for any issue that:

• Was visibly present during the inspection, and

• Was not listed in your written summary

If the tenant can show their personal belongings did not interfere with your ability to observe a problem, and that the issue was omitted, they may successfully challenge the deduction as an unreasonable withholding.

AB 2801: Mandatory Photo Documentation Requirements

Under California’s updated security deposit law (AB 2801), landlords must comply with strict photo documentation rules when returning a tenant’s deposit. These requirements apply universally and are being implemented in two phases:

Effective April 1, 2025:

• Landlords must take photos of the unit after possession is returned (i.e., after the tenant moves out).

• If any repairs or cleaning are performed, before-and-after photos of the specific area or item are also required.

• All photos must be shared with the tenant when delivering the itemized security deposit disposition.

Effective July 1, 2025:

• Landlords must take comprehensive photos of the unit at the beginning of the tenancy.

• These must be taken on the day the tenant takes possession or immediately before.

• Move-in photos must also be shared with the tenant.

These photo documentation requirements apply to all residential tenancies in California. Compliance is not optional and is not tied to whether any deductions are ultimately made.

Keep in Mind: This Is Not an Exhaustive List

The examples above are some of the most commonly encountered conditions, but every unit and tenancy is different. The key question is always whether the condition resulted from normal use or from tenant-caused damage or neglect. When in doubt, rely on documentation, apply common sense, and remember that the law favors reasonableness and transparency.