Property damage is a major concern for any landlord who turns over the keys to a tenant.  Accordingly, it is important for the landlord to understand the parties’ respective obligations for damage to property occurring during the tenancy.  In short, California law provides that landlords are responsible for normal “wear and tear” damage, and any other damage not caused by the negligence of the tenant or his invitees/agents.  Conversely, the tenant would be responsible for any damage caused by his or her negligent or intentional act or omission. 

What Constitutes “Normal Wear and Tear”?

“Normal wear and tear” in California is not defined by statute. Its meaning in has instead developed in California case law and common-sense principles.  The case law indicates normal wear and tear in a rental property is deterioration of the property over time that occurs from the intended use of the rental unit or premises and not from negligence, carelessness, accident or abuse caused by the tenant. These include things that become worn over time, like older carpets, peeling wallpaper, scuff marks, and small nail holes. 

If the property damage is not normal wear and tear, the question becomes whether it was caused by the negligent, reckless or intentional conduct of the tenant or, alternatively, by some act or omission which the tenant did not control.  If the tenant is responsible for causing the damage he or she must pay for the repair. Conversely, the landlord would be responsible for deterioration or damage not caused or accompanied by some sort of fault, negligence or abuse by the tenant or the people the tenant allowed into the unit.

Using the Security Deposit to Cover Damages to the Property

The costs for damage to rental property can be deducted from the security deposit for any damage caused by the tenant that is not normal wear and tear.    The landlord must carefully itemize all costs and should confirm that the labor rate utilized for the repairs are in line with market rates.  California state law indicates that a landlord can be charged up to three times the deposit as a fine for illegally withholding money from former tenants for labor and repairs. Landlords can protect themselves by making sure the labor rate used is completely reasonable if were to ever be reviewed by a judge.

Use of a Checklist at Inception of Tenancy

One of the best ways to outline the difference between “normal wear and tear” and tenant damages is to use a checklist during the move-in inspection. This checklist should be comprehensive, checking all known wear and tear issues, such as paint cracking, carpets fading, or bathroom tile eroding.  A clear, comprehensive checklist will give landlords an outline of what shape the rental unit was in before the new tenant moved in. It can then be compared to the state of the property when the tenant leaves to help resolve any issues regarding the parties’ respective obligations for repairs.

Please contact Lynx Legal Service with any questions regarding the above or any other issues relating to your eviction needs.  We can be reached at 925-234-9216 or [email protected].  You can also schedule a free telephonic consultation by clicking the “Schedule a Consultation” tab on our website.  Our experienced professionals are standing by to answer any questions you may have.