Understanding Rental Property Damage in California

Property damage is one of the most common and costly issues landlords face. California law distinguishes between normal wear and tear (landlord's responsibility) and tenant damage (tenant's responsibility).

Key Distinction

Normal wear and tear includes minor scuffs, faded paint, and worn carpet from regular use. Tenant damage includes holes in walls, stained carpets from negligence, and broken fixtures from misuse.

Documenting Property Damage

Thorough documentation protects you in court and justifies security deposit deductions.

Pro Tip

Use a timestamp app for photos that can't be disputed in court. Include a newspaper or phone with date visible in key documentation shots.

Security Deposit Rules in California

Critical Deadline

You have 21 calendar days after move-out to return the deposit with an itemized statement of deductions. Missing this deadline can result in you owing up to 2x the deposit amount.

What if damage exceeds the security deposit?

You can sue the former tenant in small claims court (up to $10,000) or limited civil court for larger amounts. Document everything and keep all repair receipts.

Common Types of Rental Property Damage

Handling Damage During Tenancy

Address damage early—waiting only makes problems worse and more expensive.

• Document the damage immediately

• Send written notice to tenant

• Give reasonable time to repair or pay

• If unresolved, issue 3-Day Notice to Cure or Quit

• Evict if damage continues or is severe

Can I enter the property to inspect for damage?

Yes, with proper notice. California requires 24-hour written notice for routine inspections. You can enter without notice only in emergencies.

When Damage Makes Selling Easier Than Repairing

Sell As-Is Option

Fast Home Buyer California purchases properties with tenant damage—no repairs needed. We handle everything. Call (916) 507-2502 for a free cash offer.

Frequently Asked Questions

Can I charge for professional cleaning?

Only if it's beyond normal cleaning. If the tenant left it "broom clean," you can't charge. If there's excessive dirt, grease, or damage, you can deduct reasonable cleaning costs.

How do I prove damage in court?

Move-in photos vs move-out photos, the lease agreement, repair receipts, and contractor estimates. The more documentation, the stronger your case.

What if tenant disputes my deductions?

Respond in writing with your documentation. If they sue, present your evidence in small claims court. Judges favor landlords with thorough records.

Part of Our Complete Guide

Complete California Eviction Process Guide for Landlords [2026]

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