Legal Question in Landlord & Tenant Law in California

What is considered "normal wear and tear" under California's Tenant Bill of Rights? I have lived in my apartment for 6 1/2 years and there is no damage other than a couple nail holes and some stains on the carpet. The carpet was 7 years old when I moved in (so 13+ years now). With no blatant damage and everything in working order, what can my landlord deduct from my security deposit after this long of time?


Asked on 3/28/12, 1:39 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

Wear and tear is determined case by case. Factors going into that determination are length of tenancy/age of carpet, paint etc. If it it can be argued that the carpet would have needed to be replaced anyway, you could successfully contest a carpet charge. The landlord could charge for the patching of nail holes, especially if the rental agreement did not allow for the hanging of pittures etc. The patching itself does not cost the landlord that much. You usually get charged a large amount if the patching created the need to paint. The age of the paint and whether or not painting would have been required anyway must then be determined.

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Answered on 3/28/12, 1:48 pm


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