What a landlord may deduct
California allows deductions for four things and nothing else:
Unpaid rent
Rent genuinely owed at the end of the tenancy.
Cleaning
To return the unit to the level of cleanliness it had when you received it — not to a higher standard.
Repair of damage
Damage caused by you or your guests, excluding ordinary wear and tear.
Restoration of personal property
Where the lease provides for it, for items supplied with the unit.
Wear and tear versus damage
This is where most disputes live, and the line is more favourable to tenants than landlords tend to suggest.
| Normal wear and tear — not deductible | Damage — potentially deductible |
|---|---|
| Faded or lightly scuffed paint | Large holes, unapproved paint colours |
| Carpet worn along walkways | Burns, tears, pet staining |
| Small nail holes from pictures | Anchors pulled through drywall |
| Loose door handles, worn hinges | Broken doors, missing fittings |
| Minor scratches on worktops | Chips, cracks, heat marks |
| Ageing appliances failing | Appliances damaged by misuse |
Depreciation applies to what is replaced
A landlord who replaces a seven-year-old carpet because of a stain cannot usually charge you for a brand new one. The reasonable charge is the remaining useful life you consumed, not full replacement cost. Ask for the age of anything you are being billed to replace.
The 21-day rule
Within 21 days of you moving out, a California landlord must send an itemised statement of deductions together with any remaining deposit. Where deductions exceed a threshold amount, receipts or estimates generally have to be included.
Missing this deadline does not automatically forfeit every deduction, but it substantially weakens the landlord's position and is often the fact that resolves a small claims case.
If you disagree
Write, do not phone
Send a short letter setting out each disputed item and what you say the correct figure is. Keep a copy.
Attach your evidence
Move-in and move-out photographs, the inspection checklist, receipts for cleaning you did yourself.
Give a deadline
Fourteen days is reasonable. Say what you will do if it passes.
Small claims
Deposit disputes are among the most common small claims cases in LA County, no lawyer is permitted at the hearing, and filing fees are modest. Our small claims guides cover the packet.