Normal wear and tear is damage that naturally occurs in an investment property due to aging. It typically results from a tenant living in the property and is considered normal depreciation. It’s not caused by neglect or abuse of the property. Landlords need to fix normal wear and tear but aren’t required to fix tenant caused damage.
Landlords need to thoroughly document the condition of the property so they can account for normal wear and tear. Avail helps landlords stay organized by offering online property management software. They screen tenants, set up online rent collection and most importantly schedule maintenance requests. The first unit is free.
Normal Wear and Tear vs Damage
Normal wear and tear is different than tenant caused damage. Normal wear and tear occurs naturally over time. Damage caused by tenants isn’t a result of aging but is a result of negligence, carelessness or abuse. Normal wear and tear is required to be paid for by the landlord and tenant damage is not.
In the table below we will illustrate examples of types of normal wear and tear and tenant caused damage and the differences between the two.
Differences Between Normal Wear and Tear vs Damage
| Type of Material | Average Useful Life | Normal Wear and Tear (Landlord’s Responsibility) | Tenant Damage (Tenant’s Responsibility) |
|---|---|---|---|
| Carpet | 5 years | Gently worn carpets that show some worn patches but no holes or stains | Pet caused damage such as heavily stained carpets and ripped carpeting |
| Hardwood Flooring | 25 years | Fading of flooring due to sunlight exposure | Deeply scratched hardwood floors or pieces of the hardwood missing |
| Tile Flooring | 25 years | Dirty grout surrounding the tiles | Broken or chipped tiles or missing tiles |
| Windows | 20 years | Lightly scratched glass and worn, loose hardware | Broken glass, ripped screens, broken window hardware |
| Countertops | 20+ years | Scratches and light watermarks | Chipped countertops, burnt areas, and/or multiple stains |
| Walls | Lifetime | Cracks in the walls caused by settling | Holes in the walls, damage from hanging pictures |
| Paint | 3 years | Fading paint from sunlight and minor scuffing from daily use | Paint that has been scribbled on, unauthorized paint colors |
A landlord checklist can help you figure out what’s normal wear and tear vs damage by forcing you to document all of the above. For a better understanding of the difference between the two (and when you can deduct the tenant’s deposit), let’s take a look at the two most common examples, which are normal wear and tear vs damaged carpet and normal wear and tear vs damaged paint.
Normal Wear and Tear vs Damaged Carpet
If the carpet has been in place for 5 years or longer, it’s the landlord’s responsibility to replace it, since that is the length of the carpet’s useful life. If the carpet has light sun damage or is showing signs of wear, that is normal wear and tear and the landlord cannot blame the tenant.
It’s the landlord’s responsibility to keep the property free of hazards. So, if the carpet has worn out over the years and become a trip hazard, it should be immediately replaced and paid for by the landlord. But, if the carpet has been ripped or has excessive fraying, it’s the tenant’s fault and the cost to replace it can be deducted from the tenant’s security deposit.
Further, if the carpet is stained either by a pet or spilling food, wine, dirt, and more, it’s considered tenant-caused damage and can also be deducted from the security deposit. State laws vary on landlord tenant laws regarding security deposits but generally, the landlord needs to get a repair quote from a licensed contractor and send the tenant an itemized list of the damage along with the check for the remainder of the security deposit.
Normal Wear and Tear vs Damaged Paint
Peeling paint, sun damage or a small number of scuffs are considered normal wear and tear and the landlord should touch them up between tenants. Ceiling paint usually lasts longer since no one is constantly touching the ceiling. Ceiling paint should be touched up when a leak occurs or on an as-needed basis.
If the paint has holes in it, excessive scuff marks or other marks such as drawings or scribbles, it is considered damage caused by a tenant. In this case, the cost to fix the damage and paint the walls will be deducted from the tenant’s security deposit. You can do this by getting a quote from a licensed contractor and sending the tenant an itemized list of the damage, along with the check for the rest of their security deposit.
“The easiest way to discern between wear and tear and tenant caused damage is to think of wear and tear as any damage that’s caused by natural forces or damage that’s caused by daily use. Tenant caused damage should be thought of as damage requiring more than routine maintenance to repair. Obviously, this doesn’t include things like a leaky pipe or things that would happen to the property regardless of who the tenant was.”
– Timothy Czekaj, Real Estate Attorney, Czekaj Dusharm LLC
“The easiest way to discern between wear and tear and tenant caused damage is to think of wear and tear as any damage that’s caused by natural forces or damage that’s caused by daily use. Tenant caused damage should be thought of as damage requiring more than routine maintenance to repair. Obviously, this doesn’t include things like a leaky pipe or things that would happen to the property regardless of who the tenant was.”As a landlord, there’s a lot to deal with including tenant-caused damage and related issues. If you’re a new real estate investor or just have questions about being a landlord, check out our 26 tips for landlords.
How to Deduct Expenses from a Security Deposit
Landlords collect security deposits at the beginning of a tenant’s residency. These security deposits help protect the landlord from having to pay for expenses that go above and beyond normal wear and tear. Landlords are allowed to deduct certain tenant-caused expenses from security deposits.
The laws on security deposits vary by state. However, typically, landlords must return a tenant’s security deposit and send them any accounting records within 21 days from the time the tenant moves out. This means that within 21 days, you must get a contractor’s bid to repair tenant caused damage, subtract it from the security deposit, and mail the tenants the itemized deductions and a check for the difference between the deposit and the cost of the damage.
In most states, an itemized deduction list can be used in place of a contractor’s bid, but it’s better to be safe by using a contractor. Other deductions can include unpaid utilities and overdue rent, but you only need proof of the bill and not a contractor’s bid. If the landlord doesn’t send the full list of itemized deductions to the tenants within the stated time period the tenant can take them to small claims court.
If the tenant’s security deposit does not cover all of the tenant caused damage, the landlord can take the tenant to small claims court. However, this can be costly and time-consuming. If the damage exceeds small claims court guidelines, the landlord hires an attorney and sues the tenant in municipal court. This can be even more costly and time-consuming, and it may be difficult to enforce a judgment against the tenant.
Here’s an example to better understand security deposits and deductions:
Example of Security Deposit Deductions
| Amount | Description | |
|---|---|---|
| Security Deposit Received | $2,500 | |
| Past Due Rent | -$1,000 | June rent not paid in full |
| Late Fees | -$250 | June rent late fees |
| Past Due Utility Bills | -$175 | Electric Bill |
| Pet Damage | -$250 | Clean & deodorize carpets |
| Broken Tiles | -$350 | Replace broken tiles & grout |
| Total Deductions | $2,025 | |
| Security Deposit Amount Returned | $2500-$2025= $475 | Certified Funds mailed to tenant |
As a landlord, you have to be confident that you can convince a judge that there is reason to subtract a deduction from the tenant’s security deposit. This damage is limited to willful or negligent acts including holes in the wall, damage from pets, abuse and damage occurring from illegal acts.”
– Sotereas Pantazes, Landlord & Founder, EFynch
“In most states, laws give benefit of the doubt to the tenants and it’s up to the landlord to prove that damage was done intentionally and isn’t just normal wear and tear. The longer a tenant lives in a property, the more leeway they have since more time has elapsed for normal wear and tear to occur.How to Avoid Landlord Tenant Disputes
Disputes over normal wear and tear and tenant caused damage can result in legal action. To avoid this, all tenant expectations should be in writing and included in the lease so the tenant is aware of them. These expectations include things such as who is responsible for cutting the grass, snow removal and common area maintenance.
– Jake Michels, Director of Property Management, RUPCO
“The precautions a landlord can take is to be vigilant in the move in inspection. During the tenancy, the landlord should do (at minimum) annual inspections to assess the rate of wear and tear, while also discovering any tenant damages. Security deposit guidelines should be outlined in the lease and/or lease addendums. It should be more than clear to the tenant what is expected of them and what condition the landlord expects to receive the unit in, at the time of move out.”If the tenant violates any terms of the lease, including not paying rent or damaging the property, it may be time to file an eviction. Since evictions can be time-consuming and costly, an alternative is paying the tenant to leave the property. This is called cash for keys. The tenant is required to leave within a short time period and will receive cash for returning their keys and not further damaging the property.
A landlord should be prepared to go to court if the tenant denies the property damage claims. In court, a judge may ask the landlord for proof of correspondence, including how the tenant was notified of the security deposit deductions. This is why it’s important to use certified mail when you send your contractor bids, itemized deductions, and more so it can be tracked.
The judge may also ask to see proof of where the security deposit was kept and a copy of the lease. Use a separate business bank account to keep security deposits separate from other property related expenses. This makes it easier to keep funds separate and not commingle anything.
In the next section, we show you how to document normal wear and tear vs damage in 4 steps. This should be useful in the event you go to court over tenant damage. For more helpful landlord advice, including understanding landlord-tenant laws, check out our in-depth guide on how to become a landlord.
How to Document Wear and Tear vs Damage
When documenting wear and tear vs. damage, it’s important to conduct a move-in and move-out walk-through with each tenant. Catalog any differences. This will help you identify what you’re responsible to pay and fix asap. You will also know what is the tenant’s responsibility and will then be able to deduct it from their security deposit.
Here are the 4 steps to document wear and tear vs. damage:
Step 1. Conduct Landlord Tenant Move in Checklist
Print out our landlord-tenant move in checklist and go through each room of the property with the tenant and the checklist in hand. Document the current condition and photograph each area. Remember to include all appliances and outdoor areas of the property.
Step 2. Conduct Regular Maintenance
A landlord should conduct regular inspections of the property. This will keep them up to date on the current property condition, as well as what needs to be fixed immediately. By conducting routine inspections you will show the tenant you care about the property and expect them to as well. You will be able to keep track of wear and tear and will be able to note tenant caused damage during each inspection.
Step 3. Respond to Tenant Requests
By responding to tenant requests you will show the tenant that maintenance is being done in a timely fashion and thus rent should also be paid in a timely fashion. Responding to tenant’s requests in a timely manner also helps you stay on top of potential problems. If you fix an issue when it arises it’s less expensive than if the issue gets worse. It’ll also help you avoid situations of tenant-caused damage before they arise.
Step 4. Conduct Landlord Tenant Move Out Checklist
After the tenant completely moves out it’s time to conduct a move out checklist. This checklist will include notes on the property’s current condition. You will go room by room and notate any damage and photograph each area as well.
While you fill out this checklist, look at the move in checklist to see what condition the property was in before the tenant moved in. This will give you an idea of who’s responsible for the damage. If the tenant caused the damage, then the cost to fix it can be deducted from their security deposit.
Bottom Line
Now you know what normal wear and tear is and the difference between normal wear and tear and damage caused by tenants. Normal wear and tear is important to a landlord since it affects the landlord-tenant relationship and can cost the landlord money if not properly documented.
Besides dealing with normal wear and tear, landlords have to find and screen tenants. This is where Avail can help. They’re a property management software company that provides advertising for rental listings, tenant screening and online maintenance requests.
Julie Layman
We are moving into an apartment with what appears to have smoke damage, that has looked to partially wiped down, not throughly, streaks of soot dribbling down the wall, under fireplace mantel completely covered in black soot, soot in corners and ceilings where the previous tenet appear to wipe it off and didn’t succeed to satisfaction, it appears that entire Apartment needs to be repainted,
0
0
Hi Julie:
Before you move into the apartment, I recommend going through a move in checklist with your landlord. This helps prevent future disputes over what is wear and tear, what is tenant caused damage and what damage was already there that you’re not responsible for. Generally, a lease will also have a section that says the tenant will accept the apartment in ‘as is’ condition or that the landlord must make certain modifications before the tenant moves in.
All the best,
Allison
0
0
Angry Tennant
Rented a place for 1 year. It was an older home. Landlord re-surfaced hardwoods before move in. At move out we did a walk through, and landlord said besides 1 lock replacement ($50) he saw no other damages. Did not write any of this down. Called us two weeks later saying due to scratches on the hardwoods he will have to re-surface the floors again which is $2,200. He says he didn’t see the scratches during walk through. We went back to view the scratches which are very minor in our opinion. Landlord says deep–we say surface. You can’t really see the scratches in photos. Who pays for it?
0
0
Thanks for asking a question on our forum. I’m sorry to hear you’re going through this dispute with your landlord. We can’t give specific advice and haven’t seen the before and after photos, but generally, anything other than normal wear and tear which may include scuffing on floors, fading from sunlight, worn carpet or paint, is considered the tenant’s responsibility. Usually, there will be a move in and move out checklist and the landlord and tenant will review them so there isn’t any confusion or disagreement later on. Here’s our landlord tenant law guide which includes links to each state’s statutes. I would recommend talking to the landlord and seeing if you can come to some type of agreement, especially if there was no other damage and the rent was paid on time. If that doesn’t work, you may need to consult with a local real estate attorney to see how to resolve the issue. I wish you all the best.
Allison
0
0
Graham
1. Plastic curtain rail hooks broken and end stop broken – curtain now hanging down. Will required specialist to refix. 2. Rope system to lift Roman blind damaged – plastic rings sewn to blind position broken and will require specialist to replace and repair. Damaged or broken items not costly, but specialist labour will be.
Normal wear and tear (6 months into lease) or accidental damage?
0
0
Hi Graham: Thanks for visiting our site and asking questions. I can’t give legal advice and haven’t seen the condition of the items, but in general, wear and tear is from the daily use of the items in the premises and includes fading paint, worn carpet etc. It doesn’t usually include anything being broken. If the curtain rod and Roman blinds were installed correctly and not damaged before the tenant moved in, it sounds like they may be accidentally damaged. This accidental damage usually falls under the tenant’s responsibility and can be deducted from their security deposit. However, check your area’s landlord tenant laws and consult with a local attorney if you have specific questions.
All the best,
Allison
0
0
Joanna Horton
A fitted wardrobe with sliding mirrored doors broken has due to one door coming off the runner and falling breaking the mirrors on the doors ( under Normal usage) ..can this be framed as wear and tear .. or is this damage which a landlord can insist on remnant paying for replacement.
0
0
Hi Joanna:
Thanks for your question. I haven’t seen the property and can’t give specific advice, but typically wear and tear is when things fade due to normal usage, like scuff marks, faded paint, worn carpet etc. The broken mirrored door sounds more like accidental damage caused by the tenant and would usually be deducted from their security deposit.
All the best,
Allison
0
0
Ms. Huynh
Hi Allison,
1. Is Kitchen counter top “wear & tear”? It was not broken at time tenant moved in and Landlord has photo showed in good condition (no crack or broken). Tenant stated it is “wear and tear” and don’t want to repair the counter broken pieces. Tenant rent the premises less than a year in Santa Clara County.
2. Does the tenant has a right to deny Landlord to entry the premises for inspection even Landlord sent a 48-hours’ notice to enter premise for inspection with reasons? What can Landlord do if tenant deny Landlord entering the premises for inspection?
Thank you!
0
0
Hi Ms.Huynh:
Thanks for your questions. I hate to say this, but the answer to the wear and tear countertop question really is, it depends. I can’t give legal advice, and I haven’t seen the photos of the countertop, but generally wear and tear includes things that naturally occur over time due to daily use of the property, such as scuff marks, fading paint, carpet wearing and dirty grout etc. In regards to the countertop, if it had a few scratches or marks on it, that’s generally from daily use and considered wear and tear. However, if the countertop was installed correctly and didn’t have any cracks in it prior to the tenant moving in, it should not have been broken after a one year tenancy. It sounds like it was damaged by the tenant and is not wear and tear. If it was tenant damage, it’s often subtracted from their security deposit. If you have specific concerns, you may want to contact a real estate attorney in your area.
In regards to your second question on tenant denying landlord entry. This depends on your local laws, but in general, your lease should have a clause that says landlords are able to come in for an inspection if they give at least 24 hours notice. It sounds like you gave proper notice and the tenant is not cooperating. I would try to talk to the tenant and see what the issue is or if there is a more convenient time for the landlord to enter the premises for the inspection. If this doesn’t work, and they’re violating the lease, you may have to file an eviction or speak to an attorney about your next steps. I know this can be frustrating, and I hope it works out for you.
All the best,
Allison
0
0