Blog
8 min read
Blame Landlords Less and Property Managers More
Scroll through the news, and you’ll find no shortage of horror stories about landlords. But in three recent cases involving unlawfully withheld...
“Normal wear and tear” is a term frequently used in the apartment rental world, but there is a lot of confusion about what it means and how it applies to landlords.
Why? Because it’s a notoriously slippery concept to pin down, and the legal definition varies from state to state. To clear things up, we’ll analyze the definition of normal wear and tear and provide specific examples to help you understand.
In addition to reading this article, be sure to check out your state-specific landlord-tenant laws and security deposit laws for more information about normal wear and tear definitions in your area.
What is Normal Wear and Tear?
According to Dictionary.com, normal wear and tear is defined as “damage or deterioration resulting from ordinary use; normal depreciation.” In simpler terms, it’s the damage that happens from everyday use over time.
Examples of this include car tires that need to be replaced every few years or shirts that wear out after years of laundry cycles.
So, why is this relevant to landlords? It’s because, by law, landlords cannot hold tenants responsible for damages from what is considered normal wear and tear. Landlords are not able to withhold part or all of a tenant’s security deposit to repair items in the unit that have worn down with time.
To be classified as normal wear and tear, the damage should be related to normal, everyday use. To be classified beyond normal wear and tear, the tenant must have caused the damage through irresponsible actions, whether intentional or otherwise.
Normal Wear and Tear Examples vs Tenant Damages
Though this may seem like a simple enough concept, actually differentiating between normal wear and tear and tenant damages in real situations can be a bit trickier. The type of damage also informs how long a landlord has to fix something; you can learn more about that in our article here.
To help you spot the difference, we’ve outlined a few common examples below.
Carpets: Carpets naturally wear out, thin out, and get dirty as many people walk over them every day. If you notice that the carpets are looking ragged enough to be replaced, that would be your responsibility as a landlord to pay for the replacement.
However, if you install brand new carpets and they’re completely stained and burnt by the end of the tenancy, then you would have a good case for taking funds from the tenant’s security deposit to clean them.
Paint: The same holds true with painted walls inside the unit. The paint will naturally chip over time and may become discolored due to steam from cooking. It’s your job to maintain the unit in good condition, and re-painting every couple of years is usually a part of doing so.
Paint could only be charged as tenant damages if there are significant scratches and chips due to deliberate damage.
Appliances: Once again, appliances have a limited lifespan, and items like the fridge, dishwasher, and stove will likely need to be replaced after several years. If the stove stops working one day and you can’t fix it, you, as the landlord, will have to provide a new one to keep the unit in fit living condition.
If the tenant moves out and all the shelves in the refrigerator are smashed, then you can safely assume this was tenant-inflicted damage and charge them to replace the appliance.
Below are several more examples of normal wear and tear vs tenant damages:
Maintaining Wear and Tear Paperwork
If landlords find themselves in the situation of needing to deduct from the security deposit to cover tenant damages, they should document each damage specifically for the tenant to review. Ultimately, you need to ensure you are following all local laws regarding a security deposit before taking any drastic measures.
If a tenant has damaged your property and you need to retain part of their deposit, it is essential to create an itemized and detailed list that demonstrates why you kept the amount.
This security deposit settlement form should start with the total amount you received from the tenant, with every deduction listed below along with the final balance owed to the tenant. Items on the list might include the following:
- Pet damages
- Major repairs
- Extra cleaning costs
- Painting
- Missing fixtures or appliances
- Damaged fixtures or appliances
- Unpaid rent
To ensure both the tenant and landlord are on the same page about damages that cannot be attributed to normal wear and tear, landlords should always conduct a move-out inspection with the tenant.
During the inspection, landlords can point out all the damages that will be deducted so the tenant is aware and has time to fix them if possible.
To really cover your bases, landlords should also conduct periodic inspections of the unit every 3-6 months.
This way, you can catch any critical repairs that the tenant may not report, as well as document the overall condition of the unit to determine whether the damages can be attributed to normal wear and tear or if the tenant caused them.
Resources to Handle Wear and Tear vs. Excessive Tenant Damage
Check out our printable rental inspection checklists for move-out, move-in, and periodic inspection forms.
In addition to properly documenting damages and repairs, landlords should also do their best to prevent any excessive damage to their rental units by screening tenants for any red flags in their renting history.
You can do so as part of the rental application process or sign up for a free TurboTenant account for more landlord tips, tricks, and advice for everyday situations.
FAQs: Normal Wear and Tear
What is the best example of normal wear and tear?
Examples of normal wear and tear include faded paint, worn carpet in high-traffic areas, and minor scuffs on walls or floors. These are expected signs of regular use over time—not tenant damage—and typically aren’t grounds for withholding deposits.
Can a landlord charge you for painting after you move out?
A landlord can’t charge for repainting due to normal wear, like faded or slightly scuffed walls. However, if the tenant caused excessive damage — stains, holes, or unauthorized paint colors — they may deduct repainting costs from the security deposit.
Are nail holes considered normal wear and tear?
Small nail holes from hanging pictures are typically considered normal wear and tear. However, larger holes, excessive marks, or damage from improper hardware may be treated as tenant-caused damage and could justify a security deposit deduction.
