When I move out, does the law specify what I’m financially responsible for and what my landlord is financially responsible for?
Yes. When you return possession of the rental property to your landlord, you are responsible for returning it in the same condition in which you received it LESS “ordinary wear and tear.”See Cal. Civ. Code § 1950.5(b)(2), (e).In other words, the landlord must pay all costs associated with remedying “ordinary wear and tear.” Unfortunately, “ordinary wear and tear” is not specified. The discoloring of paint; wearing down of rugs; minor scratches and nicks on walls and countertops; etc. likely constitute “ordinary wear and tear,” for which the landlord is financially responsible. A large gaping hole in the wall caused by a rowdy friend at a party or a broken window caused by a toddler throwing a baseball through it likely do not constitute “ordinary wear and tear,” and the tenant will be financially responsible. Reasonable people can disagree as to what does and does not constitute “ordinary wear and tear,” which in turn determines who is responsible for the repairs. This is why tenants should always request a final inspection from the landlord before moving out. (More below. See also the document, “California Security Deposit Deduction Guidelines,” included with this Toolkit.)