Legal Question in Landlord & Tenant Law in California

Re: rental housing

The standard used is very vague. "Normal wear and tear" are excluded from the landlord being able to recover. What that means is up to the tried of fact.

Re: rental housing

As attorney Shers correctly points out, it says exactly what you indicated "normal wear and tear," which is then decided by judges on a case-by-case basis. The rationale for there being no black & white standard is the fact that normal wear and tear for one person living in an apartment for a month is a lot less than four people living in an apartment for 10 years. Minor scratches (truly minor) might be normal wear & tear, or could be damage subject to the owner's right to withhold for repair - depends a lot on how long you lived there. Ultimately, its up to a judge or trier of fact (sometimes in matters such as this, it will be heard by a Commissioner), to decide, and in different courts, different standards get used regularly. If the landlord withholds and you honestly feel it was not warranted, then sue him in Small Claims Court for improperly withholding your deposit. Go look at Cal. Civil Code 1950.5 for all the information on Security Deposits. Good luck.

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