What Renters In California Must Know About Their Rights To Normal Wear and Tear

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It's not easy to leave a rental the same way it was once you moved in. However, the fact that you're moving out of a house doesn't mean that you should pay for all incurred damages. In California, some amount of is expected, especially with features you often make contact with.

Fortunately, California state laws can protect your rights from normal wear and tear. However, determining whether certain damage fits this category, knowing your rights, and knowing where to contest the charges that apply can be tiring and frustrating.

DoNotPay is your perfect solution when it comes to guaranteeing your . Follow the steps provided below to .

What California Tenant Laws Are Associated with Normal Rental Wear and Tear?

California Civil Code Section 1950.5 is the statute that protects California tenants from unfair charges for normal rental wear and tear. Under this statute, California landlords can use a tenant's security deposit for the following four purposes:

Unpaid rent
Cleaning the rental unit when moving out
Repair damages apart from the normal wear and tear caused by the tenant's or their guest
The cost of repairing or replacing furniture and furnishes, if It's included in the rental agreement

This statute further recommends that landlords can either do the following within 21 calendar days:

Send a full refund of your security deposit
Mail or personally deliver an itemized statement of all the deductions made from the security deposit to cover the repairs made, and a refund of the balance

What does “Normal Wear and Tear” Mean?

Ordinary wear and tear refer to a unit's unavoidable deterioration resulting from a tenant's regular use. These are damages that are not avoidable or negligent. They occur due to your daily use. Some of the typical regular wear and tear that you might experience are as follows:

Carpet fading or worn thing from walking or stepping
Faded or slightly torn wallpaper
A few cracks, dents, smudges, or holes in the wall
Warped cabinet doors
Mold grouting in the bathroom tiles
Scuffed wood floor due to regular use
Worn out appliances
Sticking door due to humidity
A dead garbage disposal unit
Worn out countertop
Leaky faucet

What Can You Do to Fight Charges for Normal Rental Wear and Tear?

It would be best to do a few things to fight your normal wear and tear charges. The following steps will help you fight these charges:

Start by Reading Your Lease Agreement

Your tenancy agreement should include everything to do with how your landlord can deduct your security deposit in your lease agreement. Therefore, read your lease agreement to understand it clearly.

With ordinary wear and tear, check whether the contract specifies the condition you should leave the property and what to expect in terms of their maintenance.

Compare the Condition of the Property from When You Moved in and when You're Moving Out

The only way you can compare the condition of your property before and after moving in is by taking photos of the rental.

By taking pictures of the unit, you have proof of the rental condition before and after your tenancy. With these, you can explain your case when your landlord wants to take money out of your security deposit to repair undue wear and tear.

Dispute the Security Deposit Deductions

Yes, you can dispute security deposit deductions by citing normal wear and tear. Follow these steps:

Discuss the charges with your landlord and clearly state that you want a refund
Follow up the conversation with a certified letter or email
Try third party mediation
File a lawsuit if the above steps fail

Fighting for your California renters' right to normal wear and tear can be frustrating. Remember, your landlord will counter the lawsuit once you file a claim against them. DoNotPay can help you file the best case for you to ensure that your are upheld.

Fight Your Normal Rental Wear and Tear Charges with DoNotPay

Do you want to fight your normal rental wear and tear charges but don’t know where to start? DoNotPay can help. Just follow these easy steps:

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

Solve Other Issues with DoNotPay Landlord Protection Product

Are you struggling with other tenancy issues? DoNotPay has more to offer apart from filing a small court claim for your unfair deduction on your security deposit. Here are various ways we can help:

Why You Should Use DoNotPay to Contest your Normal Rental Wear and Tear Charges

With DoNotPay, you don't have to go through the long process of filing a lawsuit against your landlord for unfairly deducting money from your security deposit due to ordinary wear and tear.

All you have to do is complete the four steps given above, and you can rest assured that we'll make the best case for you. Sign up today, and let's help recover your undeserved security deposit deduction.