The short answer
Under California Civil Code §1950.5, you can deduct from a security deposit only for: (1) unpaid rent, (2) cleaning to return the unit to the same level of cleanliness it was in at move-in, (3) repair of damage caused by the tenant beyond normal wear and tear, and (4) restoration of the unit if the tenant agreed in writing.
That's the entire list. Routine apartment turnover work — the cost of getting the unit ready for the next tenant — is your operating expense, not the tenant's. Trying to recover routine make-ready cost from a deposit is the single most common reason California landlords end up in small claims court and lose.
What you CAN deduct from a tenant's deposit
1. Unpaid rent or late fees
Any amount the tenant owes under the lease — last month's rent, unpaid utilities the lease assigned to them, late fees that match the lease's stated structure. Document with rent ledger and lease.
2. Damage beyond normal wear and tear
Holes in walls bigger than nail holes, broken fixtures, cracked countertops, pet stains soaked into hardwood, broken appliances, missing smoke detectors, gouged doors. The test: would a reasonable tenant of average use cause this? If no, it's damage and you can charge for repair.
3. Cleaning to restore move-in cleanliness level
California allows deduction for the cleaning cost needed to bring the unit back to the cleanliness level documented at move-in. Two important catches: you need a signed move-in inspectionshowing that level, and you can only charge what cleaning actually costs — not a fixed "cleaning fee." Most LA landlords charge somewhere between $150 and $400 depending on unit size and condition.
4. Abandoned tenant property removal
If the tenant left furniture, boxes, or trash, you can deduct the actual cost of removal. Document with photos and a receipt from the junk-hauling vendor.
What you CANNOT deduct
- Routine make-ready cost — the work of getting the unit ready for the next tenant is your business expense.
- Repainting between tenants if the paint was already due (paint typically lasts 2–3 years between tenants under normal wear).
- Carpet replacementfor normal wear — carpet has a useful life of 5–10 years; if it was at the end of its useful life when the tenant moved in, you can't charge for replacement when they leave.
- Pre-existing damage the prior tenant caused — only chargeable to the tenant who actually caused it.
- Capital improvements — upgrading appliances or finishes to a higher quality than what was there at move-in.
- Standard wear-and-tear cleaning — light dusting, surface wipe-downs, vacuuming a normally-used carpet.
The "normal wear and tear" line — concrete examples
| Item | Normal wear (no charge) | Damage (chargeable) |
|---|---|---|
| Walls | Small nail holes, scuffs from furniture | Holes > ¼ inch, gouges, large stains, crayon |
| Carpet | Traffic patterns, minor matting | Pet urine soak-through, burns, dye stains |
| Appliances | Minor scratches, slight discoloration | Broken oven door, missing fridge shelves, dented stove |
| Bathroom | Light mildew, soap residue | Black mold, cracked tile, broken fixtures |
| Doors | Slight wear on knobs and edges | Holes punched through, broken hinges, missing locks |
| Flooring | Minor scuffs, expected hardwood patina | Deep gouges, water damage, missing planks |
How to document properly (the part most landlords skip)
- Move-in inspection — signed by tenant, with dated photos of every room and every appliance. This is the baseline you compare against at move-out.
- Move-out inspection— California §1950.5 actually requires you to offer a pre-move-out inspection 2 weeks before the tenant leaves so they can fix what's fixable. Skipping this is one of the easiest ways to lose a deposit dispute.
- Itemized statement within 21 days — California requires you return the deposit (or send an itemized statement of deductions) within 21 days of move-out. Late = forfeit.
- Photo evidence + receipts — every deduction needs a photo of the damage AND a receipt for the repair. No receipt = the tenant can dispute and a judge will side with them.
- Save the make-ready report — TurnOver LA sends a 12+ point photo report on every job. Attach the relevant photos to your deposit itemization as evidence.
The penalty for over-charging is severe
California §1950.5(l) lets a court award the tenant up to twice the amount of the depositas a penalty if the landlord retained any portion in "bad faith" — meaning without legitimate basis. On a $3,500 deposit, you can be ordered to pay $7,000 + the original deposit back + court fees. Don't deduct anything you can't document with a receipt and a photo.
Real-world deduction example (1BR turnover)
Tenant moves out of a 1BR Hollywood apartment after 2 years. Move-in inspection showed clean carpet, painted walls (last painted 6 months before move-in), all appliances working. Move-out condition:
- Three large holes in living room wall from mounted TV — drywall + paint repair: $185 (chargeable)
- Pet urine on bedroom carpet (no pet on lease) — replacement carpet for that room, prorated for usage: $320 (chargeable)
- Broken kitchen drawer front — replacement and reinstall: $95 (chargeable)
- Routine cleaning to remove tenant's normal soiling — would have had to clean it anyway for next tenant: $0 (NOT chargeable — operating expense)
- Repaint living room because paint was 2.5 years old — paint was due for replacement under normal wear: $0 (NOT chargeable)
- Lock rekey for next tenant — security best practice, not damage: $0 (NOT chargeable)
Total chargeable: $600. The full make-ready actually cost the landlord $1,200, but only $600 of that is recoverable from the deposit. The remaining $600 is an operating cost the landlord absorbs.
How TurnOver LA documentation fits this
Every TurnOver LA make-ready job ships with a 12+ point photo report formatted exactly for §1950.5 itemization — date-stamped photos of every damage point, repair description, and itemized cost. Attach the relevant photos directly to your deposit itemization and you'll have the strongest possible evidence in any dispute.