What Is Normal Wear and Tear?
Normal wear and tear is the gradual, unavoidable deterioration of a property caused by ordinary everyday use. It is the expected result of someone living in a space as intended. No tenant can live in a unit for years without some impact on the property, and the law recognizes this.
Examples of Normal Wear and Tear
- Faded or lightly scuffed paint after 2+ years
- Small nail holes from picture hanging
- Worn carpet in high-traffic areas
- Minor scratches on hardwood floors from furniture
- Loose door handles or hinges from normal use
- Faded or yellowed window blinds from sunlight
- Light staining or discoloration of grout over time
- Worn enamel on bathtubs or sinks from normal cleaning
Examples of Actual Damage (Chargeable)
- Large holes punched in walls
- Burns on carpet or countertops
- Broken windows or fixtures
- Heavy staining from spills left untreated
- Unapproved paint colors or alterations
- Pet damage to flooring or walls
- Missing fixtures or appliances
The Legal Standard
Most state statutes explicitly state that security deposits may not be used for 'normal wear and tear.' If your landlord's itemization includes wear-and-tear items, each one is a disputable illegal deduction.
How to Fight Wear and Tear Charges
- 1Identify each charge that represents normal use
- 2Write a dispute letter with specific counter to each line item
- 3Cite your state's security deposit statute by name
- 4Attach move-in and move-out photos as evidence
- 5Send via certified mail with 14-day response deadline