Landlords can deduct for unpaid rent, damage beyond normal wear and tear, and cleaning to return the unit to move-in condition — generally not for ordinary wear.
The law: In California, a deposit may be used for unpaid rent, repair of damage caused by the tenant or guests (excluding ordinary wear and tear), and cleaning needed to return the unit to its move-in level of cleanliness — Cal. Civ. Code § 1950.5(b). Other states set their own lists.
Legitimate deductions generally include unpaid rent, repair of actual damage the tenant caused (a broken window, a hole in the wall, pet stains), and cleaning needed to restore the unit to its move-in condition. What landlords generally cannot deduct: normal wear and tear — the natural aging that comes from ordinary living — or pre-existing damage, or routine repainting and re-carpeting on a normal replacement cycle.
What the statutes say
These are verified from primary sources. The exact number for your state may differ — see the state law library.
Cal. Civ. Code § 1950.5 · CA
Caps residential security deposit at one month rent (effective July 1, 2024). Requires itemized deduction statement within 21 days of move-out.
Deposit may not exceed one month’s rent; the landlord must return it, with an itemized statement of any deductions, within 14 days after the tenant vacates.
Landlord must refund the deposit, with a written list of deductions, within 30 days after the tenant surrenders the premises. Bad-faith retention: $100 plus three times the portion wrongfully withheld, plus reasonable attorney fees.
Compare any deduction against your move-in and move-out photos.
Separate "damage" (deductible) from "wear and tear" (not deductible) for each line item.
Request receipts — many states require the landlord to document actual costs.
Dispute unjustified deductions in writing, citing your state’s wear-and-tear rule.
Common questions
Is carpet cleaning a legal deduction?
Routine carpet cleaning from normal use generally is not deductible. Cleaning to address damage beyond ordinary wear — like pet stains or burns — usually is.
Can they charge me for repainting?
Repainting on a normal cycle is typically considered ordinary wear and not deductible. Painting to cover tenant-caused damage may be.
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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.