After a tenant vacates, a landlord deducts $800 from the security deposit citing paint scuffs on the walls, slightly worn carpet in the hallway, and a loose interior door hinge — all consistent with two years of ordinary residential use. Under California Civil Code §1950.5, is this deduction permissible?
Correct Answer
D) No, because California law prohibits security deposit deductions for deterioration resulting from ordinary residential use
California Civil Code §1950.5(b) limits permissible security deposit deductions to: unpaid rent, cleaning costs to restore the unit to move-in cleanliness, repair of damage beyond normal wear and tear, and restoration of personal property removed contrary to the lease. Deterioration from ordinary residential use — such as minor paint scuffs, gradual carpet wear in traffic areas, and loose hardware from routine use — constitutes normal wear and tear and cannot lawfully be charged to the tenant. The $800 deduction described is therefore impermissible.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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