Charging for Normal Wear
Billing you for faded paint, worn carpet paths, or a few nail holes. That ordinary aging is the landlord’s cost, not a deposit deduction.
A security deposit belongs to you — the landlord just holds it. California gives them a hard 21-day deadline, a short list of things they can charge for, and real penalties if they keep your money in bad faith. If your deposit didn’t come back, we can help you get it.
Get Your Free Case ReviewUnder California Civil Code §1950.5, your security deposit stays your property the entire tenancy. The landlord holds it in trust and can only keep a part of it for a few specific, well-documented reasons. Everything else has to come back.
As of July 2024, the deposit is also capped at one month’s rent — furnished or not. And the law adds up every upfront charge to get there: a “pet deposit,” “key fee,” “move-in fee,” or “cleaning fee” all count toward that one-month limit. (A small number of mom-and-pop landlords may charge up to two months, but never to active service members.)
And there is no such thing as a “nonrefundable” deposit or fee in California. Even if you signed a lease that says otherwise, that clause is void — all of it is refundable unless the landlord can justify a real, lawful deduction.
Once you move out and return possession, the landlord has 21 calendar days to either send your full deposit back or give you an itemized statement of what they kept — with the balance.
A vague “cleaning and repairs” line doesn’t cut it. If their deductions top $125, they must attach the actual receipts or invoices. And under California’s newer rules, a landlord generally has to back up deductions with photos — of the unit at move-in, at move-out before any work, and after the repair. No proof, no deduction.
Miss the 21 days entirely? Courts treat that harshly: a landlord who blows the deadline generally loses the right to keep your money and has to return it — though they may still separately pursue you for any genuine damage.
A landlord can charge you for damage — a cigarette burn, a smashed door, a pet-stained carpet. They cannot charge you for normal wear and tear, the ordinary aging that comes from simply living in a place. Faded paint, lightly worn carpet, a few small nail holes: that’s the cost of doing business, and it’s on them.
There’s also a catch landlords love to ignore: depreciation. Even when you really did damage something, you only owe its remaining value — not a brand-new replacement. Carpet is generally treated as lasting on the order of eight to ten years, and paint only a couple. Charge a tenant for all-new carpet over a stain in a worn-out, years-old rug, and that’s an overcharge.
And under California’s 2025 rules, a landlord can’t just default to billing you for “professional carpet cleaning” — not unless it’s truly needed to return the unit to its move-in condition.
Most withheld deposits come down to the same handful of moves. If any of these sound familiar, your money may be recoverable.
Billing you for faded paint, worn carpet paths, or a few nail holes. That ordinary aging is the landlord’s cost, not a deposit deduction.
Billing you for brand-new carpet or paint when the old one was already years into its life. You owe the depreciated value — not a free upgrade for them.
A flat “professional cleaning” charge every tenant pays no matter what. California now bars that unless it’s genuinely needed to restore move-in condition.
Keeping a “nonrefundable” pet, cleaning, or move-in fee. No such thing exists in California — that clause is void, and the money is refundable.
A one-line “repairs & cleaning: $900” with nothing to back it. Over $125, the law requires actual receipts, invoices, and photos.
Going silent past the deadline, then keeping your deposit anyway. Missing the 21-day window generally costs the landlord the right to keep it.
Deposit cases are won with documentation. A little effort at move-in and move-out — plus a firm, well-written demand — is often all it takes to turn a withheld deposit into a refund.
Start My Free Case Review →Take date-stamped photos or video the day you move in and again the day you leave, after the unit is empty and clean. Side-by-side proof of condition is what wins deposit cases.
You have the right to request a walkthrough in your final two weeks. The landlord must list the deductions they’re considering — giving you a chance to fix those items yourself before you go.
Put your new address in writing when you leave so there’s no excuse for a “lost” refund — and so the 21-day clock is clearly running.
If the deadline passes or the deductions are bogus, send a dated demand letter (certified mail and email) citing §1950.5, stating the amount owed, and noting the bad-faith penalty. Often that alone gets you paid.
If they still won’t pay, you have options — small claims is built for this, and the law puts the burden on the landlord to prove their charges. We’ll help you pursue the deposit and the penalty.
A wrongfully held deposit is often worth far more than the deposit itself — California stacks penalties and shifts the burden onto the landlord. Depending on the facts, that may include:
Every dollar that was wrongfully withheld — including charges for normal wear, bogus cleaning fees, or deductions with no receipts behind them.
If a court finds the landlord kept your money in bad faith, it can add a penalty of up to two times the deposit — on top of returning what they took.
You don’t have to prove the charges were unfair — the landlord has to prove every deduction was reasonable, lawful, and documented.
If your lease lets the landlord recover legal fees, California law makes that street run both ways — so a winning tenant can recover fees too.
Small claims court handles deposit disputes for amounts up to $12,500, with no lawyers in the room — a fast, affordable path designed for renters.
Once a landlord sees the 2× penalty and fee exposure spelled out, many simply pay rather than risk it — resolving the matter without a hearing.
As of July 1, 2024, the cap is one month’s rent — whether the place is furnished or not. Every upfront charge counts toward it, so a “pet deposit” or “move-in fee” can’t push you over. A small mom-and-pop landlord (a person owning no more than two properties with four units total) may charge up to two months, but never to an active service member.
No. California flatly bans nonrefundable deposits and fees. Even if you signed a lease calling a fee “nonrefundable,” that clause is void. Pet fees, key fees, and cleaning fees are all treated as part of your refundable deposit and must come back unless there’s real, documented damage.
Within 21 calendar days of moving out and returning the keys. By then the landlord must either refund the full deposit or send an itemized statement of deductions with the remaining balance — plus receipts for anything over $125 and, under the newer rules, photos backing up the charges.
No. Faded paint, lightly worn carpet, minor scuffs, and a few small nail holes are normal wear and tear — the landlord’s cost, not yours. They can only charge for actual damage beyond that ordinary aging, like burns, large holes, or pet stains.
Usually not the full price. The law looks at the item’s remaining useful life. Carpet is generally treated as lasting roughly eight to ten years, so if you damaged carpet that was already most of the way through its life, you only owe its depreciated value — not the cost of installing a brand-new one.
That’s a serious misstep for them. A landlord who blows the deadline generally loses the right to keep your deposit and has to return it. They can still separately sue you later if you caused real damage — but they forfeit the advantage of just holding your money. If they kept it in bad faith, a court can also tack on a penalty of up to twice the deposit.
Hit with bogus deposit charges after you complained? That can be unlawful retaliation.
Learn MoreCharged for repairs the landlord should have made all along? Your rights may go further.
Learn MorePushed out without a lawful reason or proper process? We can help you fight back.
Learn More