What can lawfully be deducted
Unpaid rent. Cleaning, to return the unit to the level of cleanliness it had when you received it. Repair of damage beyond ordinary wear and tear caused by you or your guests. And, where the lease provides for it, restoring, replacing or returning personal property or fixtures supplied with the unit, again excluding ordinary wear and tear (Civil Code § 1950.5(b)).
The landlord may claim only amounts reasonably necessary for those purposes. A charge described as a non-refundable fee does not become lawful because the lease calls it one — no lease may make a deposit non-refundable (Civil Code § 1950.5(m)). For deposits taken on or after July 1, 2024, the deposit itself is generally capped at one month's rent (two months' for certain small landlords), on top of the first month's rent (Civil Code § 1950.5(c)).
Wear and tear is not damage
Faded paint, carpet worn along walkways, small nail holes, aging fittings and general use are wear and tear, and they are not deductible, whether the wear existed before your tenancy or happened during it (Civil Code § 1950.5(e)). Burns, tears, pet staining and holes that required repair are damage. A landlord also cannot charge you for professional carpet or other professional cleaning unless it is reasonably necessary to return the unit to its move-in condition.
The other half of this is age: a landlord replacing an old carpet at the end of its life is in a weak position to charge you as though it were new, because the deduction must be limited to what is reasonably necessary to repair damage you caused.
The 21-day statement
No later than 21 calendar days after you move out, the landlord must send an itemized statement of deductions with any remaining deposit. If repairs and cleaning deductions total more than $125, copies of invoices, receipts or bills must be attached; if the work could not be done within 21 days, a good-faith estimate may be sent instead, with the documents to follow within 14 days of completion (Civil Code § 1950.5(g)).
For tenancies beginning on or after July 1, 2025, the landlord must photograph the unit at the start of the tenancy, and since April 1, 2025 must photograph it after you return possession and again after any repairs or cleaning, sending the photos with the itemized statement (Civil Code § 1950.5(g), as amended by AB 2801). If a court finds the deposit was kept in bad faith, it may award statutory damages of up to twice the deposit on top of actual damages (Civil Code § 1950.5(l)).
Photographs on the day you hand back the keys
Every room, every surface, timestamped, including the empty cupboards and the cleaned oven. Your own dated photographs can be key evidence in a deposit dispute. The deposit calculator gives an estimate of what you may be owed.
Request a pre-move-out inspection
The landlord must tell you of your right to one, held no earlier than two weeks before you leave; it lets you fix listed items rather than be charged for them (Civil Code § 1950.5(f)).
Photograph everything at handover
Including meter readings and keys returned.
Write, do not phone
Dispute each item specifically with your figure and your evidence.
Small claims if it is not resolved
Small claims court hears deposit disputes; an individual can claim up to $12,500 (Code of Civil Procedure § 116.221).
Common questions
What is bad faith?
The landlord sold the building. Who owes me?
Official sources
About this guide
Last reviewed September 2026 by the LA Law Hub editorial team against the official sources listed above. Laws, court rules, fees and local ordinances change, and how they apply depends on facts this guide cannot know. LA Law Hub is not a law firm. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your own situation, speak with a lawyer licensed in California.
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