What can a landlord legally charge for when I move out?
The short answer
At move-out, a landlord can generally deduct from a security deposit for three main categories: unpaid rent, damage to the unit beyond normal wear and tear, and cleaning costs to restore the unit to the condition it was in at move-in. California's courts guide describes those categories as the permissible deductions under California Civil Code §1950.5. The Texas State Law Library describes similar categories under Property Code §92.104. Neither ordinary deterioration from use nor pre-existing conditions at move-in are chargeable to the tenant. Beyond the deposit, additional charges generally require a specific contractual basis in the lease. Your lease's deposit and deduction clauses — read together with your state's official guide — describe what can and cannot be charged. Scan your lease and document move-in and move-out conditions to anchor any dispute.
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What a landlord can generally deduct at move-out
The three categories described in most state official resources — unpaid rent, damage beyond normal wear and tear, and cleaning to restore move-in condition — define the outer boundary of what a landlord can take from the security deposit. California's courts guide and the Texas SLL both describe these categories explicitly, citing Civil Code §1950.5 and Property Code §92.104 respectively. Deductions outside these categories require a specific contractual basis in the lease.
Normal wear and tear — the ordinary deterioration of a unit through intended use — is not chargeable. Scuffed baseboards, minor paint wear, and carpet fading from use are examples both official guides point toward as non-deductible. What is left for the landlord to charge is damage or deterioration the tenant caused beyond that standard, and unpaid financial obligations under the lease.
Why people worry
Tenants report receiving itemized move-out statements with charges for items they believe are normal wear — carpet replacement after several years, full repainting, professional cleaning on a unit they left in good condition. The practical worry is both about challenging specific charges and about not knowing what the permissible deduction list actually includes.
What to look for in your lease
- The deposit clause and how it describes permissible deductions — whether it mirrors state-law categories or broadens them.
- Whether normal wear and tear is explicitly excluded from deductible items.
- Any non-refundable fees or charges that are separate from the deposit and would survive move-out.
- The itemization and return-deadline requirements — what documentation the landlord must provide.
- Whether the lease authorizes any move-out charges beyond the deposit, and on what basis.
Questions to ask before signing
- Ask the landlord to confirm what categories of charges are covered by the deposit at move-out.
- Ask the other party to clarify whether any move-out costs could be billed above and beyond the deposit.
- Confirm the process for a move-in condition inspection and whether it will be documented in writing.
- Consider having the lease reviewed if the deduction clause is broader than the state-law categories or includes unusual charges.
Why scan instead of guess
The general rule tells you the baseline. Your lease tells you what you’re actually being asked to sign — and the wording is what binds. Dang reads the document and flags the clauses worth reviewing, in plain English.
The deterministic engine scores and decides what’s risky. The AI only enriches the plain-English wording — AI extracts, code decides, never the other way around.
For leases, Dang checks common statutory risk areas such as security deposit caps, entry notice, late-fee limits, deposit return deadlines, and deposit interest using jurisdiction-specific source tables; where a state has no statutory rule, findings are labeled as benchmark-based.
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Common questions
Can a landlord charge for repainting an entire apartment at move-out?
Repainting due to normal use and aging is generally considered wear and tear — California's courts guide and the Texas SLL both identify paint fading and scuffs as examples of non-deductible conditions. Repainting to cover damage caused by the tenant — holes, stains, excessive marks — is a different matter. The condition at move-in and at move-out is what the comparison rests on.
How long does a landlord have to send the itemized move-out charges?
State deadlines vary: California's courts guide describes 21 days; the Texas SLL describes 30 days under §92.103. A landlord who misses the itemization deadline may lose the right to retain any portion of the deposit under some states' rules. What your state requires and what your lease says about itemization timing are both worth confirming before you move out.
Sources
- California Courts Self-Help Guide — Security Deposits (official court resource) · official source
- Texas State Law Library — Landlord/Tenant Law: Security Deposits (official government library guide) · official source
- Sources last checked 2026-06-11. Laws and market practices change — confirm current rules before relying on them.
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English — general information, not legal advice about your situation. For consequential decisions, consult a licensed attorney in your state.