One of the most important transactions when renting a house is paying a security deposit. Landlords use this money as a safety net against possible wear and tear damage caused by tenants during their stay. There is however the question of whether landlords can deduct regular wear and tear from the security deposit.
For clarity, let’s examine what constitutes normal wear and tear in the context of rental properties in the United States.
What Is Normal Wear And Tear?
Firstly, it’s important to distinguish between damage and normal wear and tear. It is defined as any harm caused to property that goes beyond normal or reasonable use. Alternatively, normal wear and tear refers to the gradual deterioration that occurs over time without negligence or abuse on the part of the tenant.
Examples of normal wear and tear may include:
- Paint or wallpaper that has faded over time as a result of sunlight exposure.
- Minor scuffs or scratches on floors or carpets are caused by regular foot traffic.
- Worn-out carpet in high-traffic areas in the house.
- Loose hinges on doors or cabinets from regular use.
- Curtains or blinds that are faded or worn out.
- The deterioration of appliances due to age and regular use. However, the tenant time span also matters in this. For example, if it’s just over an year of the tenant and appliances are damaged then it is not normal wear and tear.
In contrast, damage typically involves more significant issues, such as:
- Stains or holes in the walls are beyond the normal wear caused by hanging paintings or pictures.
- A broken window or door as a result of misuse or an accident.
- Pet stains or excessive odors which require professional cleaning or repair.
- Large scratches or gouges in flooring caused by dragging heavy furniture.
- Broken fixtures or appliances due to negligence or misuse.
- Mold or mildew that has developed as a result of poor ventilation or neglect.
Upon discovering property damage exceeding the tenant’s security deposit, and while they are still staying on the property, you can evict the tenant.
End Note:
In general, landlords are prohibited from deducting maintenance expenses from security deposits. In the US, state laws govern what constitutes normal wear and tear and the landlord’s responsibilities regarding security deposits. Most landlord-tenant laws require landlords to return the security deposit, or a portion thereof, to the tenant after the lease term, less any deductions for damages beyond normal wear and tear.
To ensure fairness and transparency, landlords should conduct a thorough move-in inspection with the tenant before they occupy the property. This inspection should document the property’s condition, including any existing damage or signs of wear and tear. Similarly, a move-out inspection should be conducted upon the tenant’s departure to assess any changes to the property’s condition beyond normal wear and tear.
Providing tenants with a detailed list of deductions, along with receipts or estimates for repair costs, is essential for justifying any deductions from the security deposit.
