Deposit deductions · Flooring
Can my landlord charge for floor damage?
The short answer
Light scratches along walking paths and gouges or water damage sit on opposite sides of the wear-and-tear line. A replacement charge can be compared with the floor's age.
Work out a prorated estimate
Age when you moved out2 years
new12+ yrs
Use the age of the item, not of your tenancy. Your move-in report or lease may say when it was installed.No sourced useful life yetWe haven't found a published useful-life figure for flooring that we can cite, so we don't pre-fill one. Enter a life you can support: a manufacturer's warranty, the product page, or a figure from your lease.
Enter what you were charged.
How it's worked out: charge × (useful life − age) ÷ useful life. It is a prorated estimate using a useful life you can see and change; your state, your lease or a court may treat the charge differently. Most deposit statutes we've read exclude normal or ordinary wear and tear; your state's page quotes its rule.
Useful life: what we can cite
We haven't found a published useful-life figure for flooring that we can cite, so Fair Charge asks you for one instead of assuming it. A manufacturer's warranty or product page is a reasonable place to start; label it as yours when you use it.
See the full useful-life table and how Fair Charge works.
What your state says
- Wear and tear in California
- The landlord can't claim for ordinary wear and tear, damage that preexisted the tenancy, or the cumulative effects of wear and tear (§1950.5(e)(2)(A)).
- Itemization
- An itemized statement with copies of bills, invoices or receipts, and photographs, for deductions over $125; a good-faith estimate if repairs can't be finished in 21 days.
Sources
- Cal. Civ. Code §1950.5(h)(1) (wear and tear)
- Tex. Prop. Code §92.103, §92.107 (wear and tear)
- N.Y. Gen. Oblig. Law §7-108(1-a) (wear and tear)
- RCW 59.18.280 (wear and tear)
Information, not legal advice. A prorated estimate is not a legal limit on what can be charged.