There’s a phrase in landlord-tenant law called “normal wear and tear” and it’s very difficult to define.
Georgia law (where I live) attempts to define it as such:
“A landlord cannot retain a security deposit to cover normal wear and tear that occurs as a result of the tenant using the property for its intended purpose.”
Okay, I got it. Landlords can’t remodel the property on the tenant’s dime. They need to return the security deposit as long as there are no damages beyond normal wear and tear.
Sounds good … until you really start to think about it!
What Exactly Is “Normal Wear and Tear?”
“I know it when I see it.”
Normal wear and tear is often as nebulous as Supreme Court Justice Potter Stewart’s famous remark: “I’ll know it when I see it”.
But that excuse wouldn’t hold up in your local landlord-tenant court. Is there a more accurate way to know what is considered normal wear and tear? It’s a bit of both really.
Although there is a dictionary definition of the phrase, it’s still unclear as to what the term actually means. Merriam-Webster’s definition of wear and tear:
“The loss, injury, or stress to which something is subjected by or in the course of use; especially normal depreciation.”
So here we go again … normal depreciation to a tenant might not be so normal to a landlord. There are slobs and neat freaks in this world, and both think the way they live is “normal.” And we wonder why there are often tensions between landlords and tenants!
Texas, might have the most specific definition that I’ve seen:
“…deterioration that results from the intended use of a dwelling…but term does not include deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or personal property by the tenant, by a member of the tenant’s household or by a guest of the tenant.”
Here’s our guide as to what you can safely assume is normal wear and tear, based on a guide from HUD:
Normal vs. Excessive Damage
|Normal Wear & Tear: |
|Excessive Tenant Damage: Resident's Responsibility|
|A few small nail holes, chips, smudges, dents, scrapes, or cracks in the walls||Gaping holes in walls from abuse, accidents, or neglect. Unapproved paint colors or unprofessional paint jobs. Dozens of nail holes which need patching and repainting.|
|Faded paint||Water damage on wall from hanging plants or constant rubbing of furniture|
|Slightly torn or faded wallpaper||Unapproved wall paper, drawings, or crayon markings on walls|
|Carpet faded or worn thin from walking||Holes, stains, or burns in carpet. Food stains, urine stains, and leaky fish tanks are never "normal".|
|Dirty or faded lamp or window shades||Torn, stained, or missing lamp and window shades|
|Scuffed varnish on wood floors from regular use||Chipped or gouged wood floors, or excessive scraps from pet nails|
|Dark patches on hardwood floors that have lost their finish over many years||Water stains on wood floors and windowsills caused by windows being left open during rainstorms|
|Doors sticking from humidity||Doors broken, or ripped off hinges|
|Warped cabinet doors that won’t close||Sticky cabinets and interiors|
|Cracked window pane from faulty foundation or building settling||Broken windows from action of the tenant or guests|
|Shower mold due to lack of proper ventilation||Shower mold due to lack of regular cleanings|
|Loose grouting and bathroom tiles||Missing or cracked bathroom tiles|
|Worn or scratched enamel in old bathtubs, sinks, or toilets||Chipped and broken enamel in bathtubs and sinks|
|Rusty shower rod or worn varnish on plumbing fixtures||Missing or bent shower rod or plumbing fixtures|
|Partially clogged sinks or drains caused by aging pipes||Clogged sinks or drains due to any stoppage (hair, diapers, food, etc.), or improper use|
|Moderately dirty mini-blinds or curtains||Missing or broken mini-blinds or curtain|
|Bathroom mirror beginning to “de-silver” (black spots)||Mirrors caked with lipstick and makeup|
|Broken clothes dryer because the thermostat has given out||Dryer that won’t turn at all because it’s been overloaded, or the lint trap was never cleaned out.|
|Worn gaskets on refrigerator doors||Broken refrigerator shelf or dented front panels|
|Smelly garbage disposal||Damaged disposal due to metal, glass, or stones being placed inside|
|Replacement of fluorescent lamps - or any light bulb designed to last for years of continuous use||Replacement of most common light bulbs|
Damage vs. Regular Maintenance
Whatever you do to ready the place after one tenant moves out and before a new tenant moves in constitutes routine maintenance. Here are some examples:
If you have the entire unit professionally cleaned between tenants, you can’t charge the prior tenant to clean, because cleaning for you is routine maintenance.
But if the tenant never cleaned the place the entire three years they lived there, for example, and you are charged extra by the cleaning service because of the filthy condition, you could probably keep the extra charge, but not the entire charge, for the cleaning.
If you expect them to clean the house prior to moving out, be sure to put this requirement in the lease, and even provide them a cleaning guide with your expectations.
If you like to steam clean the carpet between tenants, then you can’t charge the prior tenant since you normally clean the carpet anyway.
But if the tenant stained the carpet so badly that normal carpet cleaning doesn’t work, you can probably charge to replace the carpet – or at least to cost to replace the remaining life expectancy. That’s right, you typically can’t charge the full replacement for carpet unless it was already brand new. If the carpet were so old and worn out that it needed replacing anyway, you can’t charge your tenant.
Listen to a related podcast episode:
If you just had the unit painted, and the tenant left the walls really dirty, let their children draw on them, or tried (and failed) painting them themselves, you’ll need to repaint sooner than you normally would have. In this case, you can probably deduct the cost to repaint from the security deposit.
But if your tenant has lived in the unit for 3-5 years or more, a paint job is probably routine maintenance, meaning that you could not deduct money to paint.
4. Light Bulbs
A rental unit should be fully equipped with working light bulbs with a tenant moves in. Likewise, they should replace them when they burn out, and they should ensure every light bulb is working properly upon move-out. After all, that’s how it was given to them.
In my opinion, any long fluorescent tube lights, or any light bulb designed to last for years of continuous use, should be replaced by the landlord. Plus, fluorescent tube lights can be dangerous if broken, and could be a liability if you rely on your residents to replace them.
What is “Useful Life?”
Since all products have a specific life expectancy (typically determined by the manufacturer), a landlord or manager can’t charge a tenant the full replacement cost of the item unless it was brand new at the time it was damaged.
For example, if a tenant’s dog damaged a five-year-old carpet beyond repair, and its life expectancy is 10 years, then the landlord could only charge the tenant 50% of the cost to replace the carpet.
HUD has a list (Appendix 5D) of various items, and their life expectancy:
|Hot Water Heaters||10 years|
|Plush Carpeting||5 years|
|Air Conditioning Units||10 years|
|Interior Painting - Enamel||5 years|
|Interior Painting – Flat||3 years|
|Window shades, screens, blinds||3 years|
Importance of Before and After Photos or Videos
It’s important for both landlords and tenants to take before-and-after photos or videos of the unit. That way, both sides have proof should they need it.
If you, as a landlord, intend to keep all or part of the security deposit, you’d better be able to show the pristine condition before the tenant moved in and the trashed condition at move-out time. Otherwise, whatever you do to ready the place for the new tenant would probably fall under normal wear and tear.
And tenants, if you wish to prove that you left the place in the same condition in which you took it, considering normal wear and tear, take your own before-and-after photos or videos in case your landlord tries to wrongfully keep the security deposit.