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Wear vs. Damage Evidence Guide
Compare common fact patterns and build the questions needed to review a deduction. Examples are not legal classifications; severity, cause, prior condition, lease terms, and state or local law control.
Carpet and flooring
Compare the facts, not just the label
Patterns often associated with ordinary use
- • Gradual traffic wear
- • Sun fading
- • Minor matting
- • Small furniture impressions
Patterns that may require damage analysis
- • Burns
- • Large or permanent stains
- • Tears or missing sections
- • Water damage tied to a failure to report or misuse
Questions that can change the result
- What was documented at move-in?
- What area is affected?
- Was cleaning or localized repair practical?
- When was the material installed?
California source note
Cal. Civ. Code § 1950.5(b), (e) - Claims must be reasonably necessary and exclude ordinary wear and tear
Open the official sourceThis citation is a starting point. Local rules, exceptions, the lease, and disputed evidence may matter.
Next: test the claimed cost
Even if tenant-caused damage exists, the repair scope and amount still need support. Review condition, causation, repairability, actual cost, age, and any betterment together.