As a California landlord, knowing the difference between normal wear and tear and property damage helps guide your actions after a tenant moves out. It can help you determine if problems with the rental property are significant enough to keep their security deposit.
When you take steps to keep your property maintained and in good repair, even a small paint chip can seem like damage. Learning how California defines both property damage and wear and tear can help.
Normal wear and tear
The deterioration that occurs to rental property from everyday use by tenants is typically considered normal wear and tear. This type of damage is inevitable and generally not the tenant’s responsibility. Examples of normal wear and tear include:
- Faded or peeling paint
- Minor scratches on walls and floors
- Worn carpeting
- Loose doorknobs
- Small chips in plaster
These issues arise from regular use and aging of the property and are typically covered by the landlord. Regular maintenance and periodic updates can help mitigate the effects of wear and tear.
Property damage
When tenants neglect and abuse the property, it goes beyond normal wear and tear, making tenants responsible for the damage. Examples include:
- Large holes in walls
- Broken windows or doors
- Stained or burned carpets
- Damaged appliances
- Extensive water damage
Landlords may deduct the costs of property damage from the tenant’s security deposit. In severe cases, they may need to take legal action to recover their full repair expenses.
Properly documenting the condition of your property before and after each tenancy can help protect your investment. For complex situations or disputes, legal guidance can help you protect your rights.