What Do You Do When a Tenant Damages Your Property?

When a tenant damages your rental, document the damage against your move-in record, ask the tenant in writing to repair it or pay for it, and charge whatever is left to the security deposit with an itemized statement sent within your state's deadline. For costs above the deposit, you can sue in small claims court. If the damage is serious or deliberate, or the tenant keeps the unit in unsanitary condition, state law lets you serve a notice to fix the problem or move out, and in some cases a notice that ends the lease with no chance to fix it.

Is it damage or normal wear and tear?

You can charge a tenant for damage, but not for normal wear and tear. Texas defines normal wear and tear as deterioration from the intended use of the home, and excludes deterioration caused by negligence, carelessness, accident, or abuse by the tenant, a household member, or a guest. California's deposit law bars charges for ordinary wear and tear, including its cumulative effects over one or more tenancies, and for conditions that existed before the tenancy.

The California Department of Real Estate (DRE) gives an example: worn carpet in a room with 10-year-old carpet is normal wear and tear, while a door jamb chewed by the tenant's dog is damage the landlord can charge for. When you replace a damaged item, the DRE describes prorating the cost so the tenant pays only for the useful life the item had left.

How do you document the damage?

Your claim is only as strong as the record behind it:

1. Compare against the move-in record. Pull the move-in checklist and photos for the same room. See whether a move-in inspection is required in your state.
2. Photograph and date the damage. In California, for tenancies that began on or after July 1, 2025, you must take photos at move-in. Since April 1, 2025, you must also photograph the unit after it is returned and before repairs, then again after repairs. When repair and cleaning deductions exceed $125, the photos go to the tenant with the itemized statement.
3. Get the cost in writing. Save the contractor's invoice or a written estimate, or log your own hours and hourly rate.
4. Enter only for a lawful purpose. In California, suspected damage does not authorize a general inspection; you need a permitted purpose, such as necessary repairs, or the tenant's permission. Give the notice your state requires before entering; in California, 24 hours' written notice is presumed reasonable.

What should your written demand say?

Send the tenant a dated letter or email that:

• Describes each item of damage, with photos.
• Points to the lease clause that makes the tenant responsible for damage beyond normal wear and tear.
• Gives a deadline to repair it with a licensed contractor you approve, or to pay a stated amount backed by an estimate.
• Says what you will do if the deadline passes: make the repair and bill the tenant, deduct the cost from the deposit at move-out, or serve a notice under your state's law.

Keep a copy and proof of delivery. Damage caused by the tenant also affects your repair duty: Texas does not require you to repair a condition the tenant, a household member, or a guest caused, unless it is normal wear and tear, and California relieves you of a repair duty when the tenant's violation of their obligations substantially contributed to the problem.

How do you use the security deposit?

You can deduct the reasonable cost of repairing damage beyond normal wear and tear, but only by following your state's inspection, statement, and refund rules. For ordinary move-outs, California requires written notice of the tenant's right to request and attend an inspection before moving out. New York requires that notice unless the tenant gives less than two weeks' termination notice. If the tenant requests the inspection, conduct it, give an itemized list of proposed repair or cleaning deductions, and allow the tenant to remedy those conditions before the tenancy ends.

Missing these deadlines can cost more than the repair. For the penalties and the mistakes that trigger them, see what to pay attention to when returning a security deposit, and for California's full rules, the California security deposit laws for landlords.

Example: A tenant leaves a $1,800 deposit. Repairs to a damaged door and two wall holes cost $650, and replacing a stained carpet with 4 of its 8 useful years left costs $2,400 new. The carpet charge is $2,400 x 4/8 = $1,200. Total damage is $650 + $1,200 = $1,850. You keep the full $1,800 deposit, send the itemized statement, and can sue for the remaining $50.

When should you sue in small claims court?

If the damage exceeds the deposit, or the tenant refuses to pay during the tenancy, small claims court is the usual route. The limit for an individual is $12,500 in California, and Texas justice courts hear claims up to $20,000. Bring the lease, the move-in record, dated photos, the written demand, the itemized statement with proof of mailing, and every invoice. A judgment is only useful if the tenant can pay it, so weigh the cost and time against what you can realistically collect.

Can you end the lease over damage or unsanitary conditions?

Yes, when the damage or the condition of the unit breaks the tenant's duties under the lease or state law. California and Florida both require tenants to keep their part of the unit clean and sanitary, dispose of garbage properly, and use plumbing and electrical fixtures properly. Both also bar tenants and their guests from destroying or damaging the premises.

The notice depends on how serious the problem is:

• Curable problems. For garbage buildup, misuse of fixtures, or minor damage, serve a notice to fix it or move out. California's is 3 days, not counting weekends and court holidays, under Code of Civil Procedure section 1161(3). Florida's is 7 days under Fla. Stat. section 83.56(2)(b).
• Serious or deliberate damage. California lets you serve a 3-day notice to quit with no chance to cure when a tenant commits waste, meaning substantial damage to the property, under section 1161(4). Florida allows a 7-day notice ending the lease with no chance to cure for intentional destruction, damage, or misuse of your property, and for a repeat of a similar violation within 12 months of a written warning.

If the tenant does not fix the problem or leave, you can file an eviction case only after all required notices expire. For California tenancies covered by the Tenant Protection Act, a curable lease violation left unfixed requires a separate 3-day notice to quit after the cure deadline; wait for that notice to expire before filing. In California, the DRE notes that a landlord cannot use lockouts, utility shutoffs, or removal of belongings to force a tenant out. The court steps are in the steps for eviction proceedings. See what a lease agreement covers.