Can a California landlord charge for normal wear and tear?

No. California Civil Code § 1950.5 bars deposit claims for ordinary wear and tear, including its cumulative effects. A charge for specific tenant-caused damage may be allowed, but the landlord can claim only a reasonable amount needed for a purpose the statute permits.

Reviewed September 26, 2026 · California Civil Code § 1950.5

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Is repainting ordinary wear or damage?

Look at the actual condition, not just the word “paint” on the statement. Ordinary fading and small scuffs after ordinary use may point toward wear. A distinct stain, large unauthorized paint change, or a damaged wall can present different facts. Compare dated move-in and move-out images, how long you lived there, the area affected, and the description or invoice for the work. No single example decides every case.

California Civil Code § 1950.5(e) limits claims to amounts reasonably necessary for specified purposes and excludes ordinary wear and tear. Work and materials are limited to the reasonable amount necessary to restore the premises to their move-in condition, excluding ordinary wear. A landlord cannot charge for professional cleaning unless reasonably necessary to return the unit to the move-in cleanliness level.

Example: $350 to repaint one bedroom

Imagine a $1,500 deposit with $350 withheld for painting after a three-year tenancy. Ask which walls were painted, what condition is shown in the move-in photos, what changed by move-out, and how the $350 was calculated. A whole-room repaint charge deserves a closer look if the records show only routine fading; documented damage on a particular wall may support a different analysis. The statute does not set a universal repainting price or decide how a judge will weigh the evidence.

Photos and the 21-day statement

For tenancies beginning on or after July 1, 2025, California law requires landlords to photograph the unit immediately before or at the start of the tenancy. For deductions from security, landlords must also photograph within a reasonable time after possession is returned and before related repairs or cleaning, then photograph after that work. Save your own originals with dates and keep wide room views as well as close-ups. See § 1950.5(g).

Within 21 calendar days after move-out, a landlord generally must send an itemized statement and return the remaining deposit. For deductions over $125, the statement generally needs receipts or invoices; when work is performed by the landlord or an employee, it must describe the work, time spent, and hourly rate. The statute has exceptions and special timing for work that cannot reasonably be completed within 21 days. The California Courts security-deposit guide explains the process in plain language.

Make a short record before you respond

Write down each charge, amount, room, and the explanation provided.
Match each line to move-in and move-out photos, inspection notes, and messages.
Keep the move-out date, statement delivery date, and receipts together.
Ask for the specific work description and supporting records for any unclear amount.

Use Recoup’s line-by-line deduction checklist or compare your dates, itemization, and charges with the free California deposit checker.

This is general legal information, not legal advice. A charge that merits questions is not automatically unlawful. Facts, applicable local rules, and a court’s findings matter. Recoup does not promise recovery.