Guide · Security deposits

Normal wear or deductible damage?

The whole deposit conversation comes down to one line: normal wear from everyday living stays with the landlord, damage beyond normal use can be deducted. Here is where California draws that line, and what AB 2801 asks you to prove.

The dividing line

One rule decides everything.

Normal wear is the slow, expected effect of someone simply living in a property. Damage is what goes beyond normal use, caused by the tenant or their guests. The first cannot come out of the deposit. The second can, if it is documented.

Normal wear · stays with the landlord
  • Paint faded by sunlight, or gone dull after years of tenancy
  • Small nail holes from hanging pictures
  • Carpet worn along walking paths, flattened pile
  • Minor scuffs on walls and baseboards from everyday living
  • Loose door handles or hinges from normal use
  • Faded or slightly worn curtains and blinds
  • Hard water marks and worn enamel from regular use
  • Small everyday marks from the passage of time
Beyond normal use · deductible with evidence
  • Holes in walls or doors, beyond small nail holes
  • Burns, stains, or tears in carpet or flooring
  • Broken windows, cracked tiles, damaged countertops
  • Unapproved paint colors or wallpaper to undo
  • Pet damage: scratched floors, chewed trim, odors requiring treatment
  • Missing fixtures, doors, or appliances that were present at move-in
  • Cleaning needed to return the unit to its move-in level of cleanliness
  • Anything the move-in record shows was fine and the move-out record shows is not
Time changes the math

The longer the tenancy, the more wear is normal.

Wear is judged against the length of the stay. After one year, a scuffed wall may still be on the tenant. After five years, the same paint has simply lived its life. California applies this through useful life: a deduction can only cover the life an element had left, never a brand new replacement.

Element
Typical useful life
What it means
Interior paint
About 2 to 3 years
The official California tenants guide illustrates proration with a two-year paint life.
Carpet
About 7 to 10 years
Courts commonly treat carpet older than 8 years as having little or no remaining value.
Any element
Its remaining life
The deduction covers what was left of the element, at its age, not the price of a new one.

The worked example from the official guide: repainting costs $400 and interior paint has a two-year life, so paint "costs" about $16.67 per month. A tenant who stayed 15 months leaves 9 months of paint life: the deductible share is 9 × $16.67, about $150, not $400. Stay 24 months or more and the deductible share of repainting falls to zero.

Sources: the California Tenants guide published by the California Department of Real Estate, which illustrates proration with a two-year paint life, and useful life ranges commonly applied by California courts. California has no single official schedule; these are reference points, not legal advice.

What AB 2801 adds

Every deduction needs a photo trail.

Move-inThe unit is photographed before the tenancy starts. Whatever was already worn or defective on day one cannot become a deduction later.
Move-outThe unit is photographed as it is handed back, before any repair or cleaning that will be deducted.
After repairsThe completed work is photographed too. Deductions are sent with the itemized statement, the photos, and a written explanation of the costs.
21 daysThe deposit and the itemized statement must be returned within 21 days of move-out.

The side that documented has the easy conversation. The side that did not is negotiating from memory.

General information about California law AB 2801 (Civil Code § 1950.5), not legal advice. For a serious dispute, consult a legal professional.

Take it with you

Download the guide as a PDF.

The full wear vs damage reference in one printable document, with the AB 2801 photo requirements. Leave your email and it is yours.

Put the condition on the record.

An independent Scoutmyplace report documents the state of the property at move-in, at move-out, and after repairs. Room by room, timestamped photos, video, signatures.

See the move-in reportSee the move-out report