Normal Wear and Tear
Deterioration of a rental unit resulting from ordinary and reasonable use over time, for which a landlord may not charge a tenant. Landlords may only deduct security deposit funds for damage beyond this standard. See Cal. Civ. Code § 1950.5(b)(2).
Also known as: ordinary wear and tear, reasonable wear and tear
Definition
Normal wear and tear (also "ordinary wear and tear") refers to the expected, inevitable deterioration of a rental unit and its fixtures that results from ordinary residential use over time, without negligence, carelessness, or intentional conduct by the tenant.
Legal Standard
Cal. Civ. Code § 1950.5(b)(2) restricts security deposit deductions to "repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant." The statute does not define "ordinary wear and tear," leaving the standard to judicial interpretation.
Common Examples
Generally considered normal wear and tear (not chargeable):
- Faded paint from sunlight exposure
- Small nail holes from picture hanging
- Light scuffs on walls from furniture placement
- Worn carpet fibers from foot traffic
- Faded or worn finish on hardwood floors from regular use
- Loose hinges on doors and cabinets from normal operation
Generally considered damage beyond wear and tear (chargeable):
- Large holes or gouges in walls
- Burns, stains, or pet damage to carpet
- Broken windows, doors, or fixtures
- Unauthorized paint colors
- Grease accumulation on stovetops requiring professional cleaning
Documentation Standard
California courts have held that landlords must provide itemized documentation of deductions (§ 1950.5(g)) with receipts or estimates for repairs, and cannot charge for repainting or recarpeting where the materials have exceeded their useful life.
Sources
- Cal. Civ. Code § 1950.5, California Leginfo —
ca-leginfo - Cornell LII: Wear and Tear —
cornell-lii
Frequently asked questions
Legal Standard
Cal. Civ. Code § 1950.5(b)(2) restricts security deposit deductions to "repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant." The statute does not define "ordinary wear and tear," leaving the standard to judicial interpretation.
What are common examples of Normal Wear and Tear?
Generally considered normal wear and tear (not chargeable): Faded paint from sunlight exposure Small nail holes from picture hanging Light scuffs on walls from furniture placement Worn carpet fibers from foot traffic Faded or worn finish on hardwood floors from regular use Loose hinges on doors and cabinets from normal operation Generally considered damage beyond wear and tear (chargeable): Large holes or gouges in walls Burns, stains, or pet damage to carpet Broken windows, doors, or fixtures Unauthorized paint colors Grease accumulation on stovetops requiring professional cleaning
Documentation Standard
California courts have held that landlords must provide itemized documentation of deductions (§ 1950.5(g)) with receipts or estimates for repairs, and cannot charge for repainting or recarpeting where the materials have exceeded their useful life.
Sources
Cal. Civ. Code § 1950.5, California Leginfo — ca-leginfo Cornell LII: Wear and Tear — cornell-lii