Legal Question in Real Estate Law in California

Re: The legal definition of ''damages''

First, "damages" and "damage" are used more or less intechangeably these days, although technically there is a huge difference between them.

"Damages" is compensation awarded to a victorious plaintiff by the jury or judge at the conclusion of a lawsuit.

"Damage" is harm done to a potential plaintiff by a potential defendant which could form the basis of a lawsuit.

In your case, you seem to be asking what kind of harm to your rental premises would be sufficient to allow you to withhold money from a deposit or successfully sue the (former) tenant.

As you might imagine, this is an area that creates a lot of dispute.

Ordinary wear and tear is not damage for which you can withhold or sue. Neither is moderate dirtiness, unless your lessee has agreed to a cleaning charge on move-out. On the other hand, cigarette burns, holes in walls, crayon marks, pet stains, missing stove and refrigerator parts and the like are not normal wear and tear and should qualify as compensable damage.

What constitutues proof depends upon who is the judge and what contrary evidence must be overcome. Photos of holes in the wall might prove damage, but suppose the tenant has photos showing the same holes which are dated as of his move-in?

This is an area that defies precise delineation in a few words, and the best advice I can give is to read the full treatment given the subjects of security deposits and wear-and-tear in self-help law books on the area of landlording and tenants' rights.