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).
Documenting Property Damage
Thorough documentation protects you in court and justifies security deposit deductions.
Security Deposit Rules in California
- 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
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]Read the full guide for more in-depth information on this topic.
Frequently Asked Questions
What's the difference between normal wear and tear vs. damage in California?
Normal wear and tear (landlord's cost): faded paint, worn carpet, minor scuffs. Tenant damage (deductible from deposit): holes in walls, broken fixtures, stained carpets, unauthorized modifications.
How much can I deduct from security deposit for damages in California?
You can deduct actual repair costs with documentation. Provide itemized statement within 21 days of move-out. Overcharging can result in penalties up to 2x the deposit amount.
Can I sue a tenant for damages exceeding the security deposit?
Yes, you can sue in small claims court (up to $10,000) or civil court for larger amounts. Document everything with photos, receipts, and contractor estimates before and after tenancy.
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