Wear and tear is the natural deterioration that occurs to a rental property over time through normal usage by tenants. As an unavoidable fact of life, wear and tear is typically considered the landlord’s responsibility and cost. However, the line between wear and tear and property damage is not always clear. This article examines whether landlords can charge tenants for wear and tear.
What Qualifies as Wear and Tear?
Wear and tear refers to the natural aging and minor damage that rental properties and furnishings incur from tenants’ ordinary, day-to-day use over time. It does not result from a tenant’s abuse, neglect or intentional damage. Here are some examples of normal wear and tear:
- Faded paint, carpet or furnishings
- Light scuffs, scratches or nail holes in walls or floors
- Loose hinges, cabinet handles or drawer pulls
- Chips, scratches or discoloration of sinks, tubs, countertops or appliances
- Worn gaskets around doors or windows
- Loose tiles or grout
Damage that occurs from regular use over an extended time is wear and tear. A landlord cannot charge a tenant for wear and tear because it is the landlord’s responsibility as part of owning and maintaining the property.
What is Considered Property Damage?
While wear and tear is expected, excessive damage to the property that is beyond normal use is considered property damage. Landlords can charge tenants for repairing damage that results from abuse, misuse or negligence. Here are some examples of damage tenants can be liable for:
- Broken windows or doors
- Large holes or gouges in walls
- Stained or burned carpet beyond normal traffic areas and spills
- Missing or broken kitchen cabinets, fixtures or appliances
- Clogged or damaged plumbing from misuse
- Yard and landscaping damage from lack of care
While minor scratches and dents from moving furniture or accidental spills are normal wear and tear, major damage from misusing fixtures or appliances or destructive behavior would be considered property damage.
Can a Landlord Charge for Cleaning?
In addition to repairing physical damage, landlords will also sometimes deduct cleaning fees from the security deposit. While tenants are expected to clean and maintain the unit, landlords cannot charge for routine cleaning at the end of a lease. However, they can deduct reasonable fees for cleaning extensive dirtiness beyond normal use, such as:
- Thick layers of grime in kitchens or bathrooms
- Large oil stains on garage floors
- Pet urine, feces or excessive hair and odor
- Trash and personal belongings left behind
As a general rule, if cleaning requires more work than a basic sweeping, mopping and wiping down, the landlord may be able to charge a cleaning fee. This helps prevent tenants from leaving units in uninhabitable conditions.
Factors in Determining Wear and Tear vs. Damage
Since wear and tear refers to gradual deterioration over time, the length of the tenancy is a key factor. A lived-in look is expected after several years of occupancy. But excessive damage early on may indicate tenant misuse. Common criteria include:
- Length of tenancy – More wear and tear is reasonable after many years versus a few months
- Quality and condition at move-in – Pre-existing flaws or damage can’t be blamed on the tenant
- Cause and nature of damage – Accidental damage from ordinary use is different than intentional destruction
- Location and frequency – Damage in commonly used versus infrequently accessed areas
- Efforts to repair or notify landlord – Trying to fix issues signals they occurred naturally over time
Judging wear and tear also depends on the materials involved. Carpet wears out faster than wood or tile. Paint fades over time, while granite counters are very durable. The landlord’s maintenance and upkeep also play a role.
Wear and Tear vs. Damage Disputes
Disagreements sometimes arise between landlords and tenants over what counts as chargeable damage versus normal wear and tear. Here are some common dispute scenarios:
- Carpet stains or wear in traffic areas after only 1-2 years of occupancy
- cabinet finishes wearing off from frequent use
- Cracked tiles around a tub from regular cleaning
- Kitchen cabinets pulling away from the walls over time
- Yard plantings dying from lack of care versus maintenance
When defects could reasonably be attributed to either wear and tear or damage based on their nature, cause and timeframe, it becomes a judgment call. Some states require landlords to prove the tenant directly caused damage before charging for repairs.
Best Practices for Avoiding Disputes
To help avoid disagreements over what is considered chargeable damage, landlords and tenants should follow these best practices:
- Document the condition of the property thoroughly at move-in with photos and video. Note any existing flaws.
- Use checklists and property report forms to record the initial state of all systems, fixtures, furnishings and yard/landscaping.
- Conduct periodic inspections throughout the tenancy and address emerging issues early before they worsen.
- Discuss any concerns openly between both parties as they come up.
- Make all repair requests promptly in writing.
- Allow the landlord reasonable access to inspect and maintain the property.
With well-documented move-in and move-out conditions and timely communication, landlords and tenants are less likely to end up in disputes over wear and tear costs.
State Laws on Wear and Tear
Landlord-tenant laws vary by state, so it is important to know the specific provisions in your area. Here are some key state law considerations regarding wear and tear:
- Security deposit deduction limits – Some states limit deductions for wear and tear or require deposits to be placed in interest-bearing accounts
- Move-in/Move-out statement requirements – May require documenting condition at the start and end of tenancy
- Burden of proof – In some states, landlords must prove tenants caused damage
- Right to repair laws – Give tenants the chance to repair certain defects before the landlord can charge
- Wear and tear defined – Some states expressly define allowable wear and tear in statutes
Before making deductions from the deposit or pursuing tenants for damage costs, landlords should review all applicable state statutes and case law precedents on wear and tear.
Typical Wear and Tear vs. Damage Costs
To understand typical costs that could be involved, here is an overview of potential wear and tear expenses landlords may need to cover versus charges they could pass on to tenants for excess damage:
Wear and Tear Costs
| Item | Sample Wear & Tear Cost |
| Carpet replacement | $800+ (after 5+ years) |
| Painting | $500+ (per room after 5-7 years) |
| Drywall repairs | $300+ for cracks and nail holes over time |
| Replacing worn cabinets and fixtures | $100-$500+ per item |
| Parking lot repairs (resurfacing, restriping) | $3,000+ every 5-10 years |
Chargeable Damage Costs
| Item | Sample Damage Cost |
| Carpet replacement | $1,000+ (after only 1-2 years) |
| Drywall repairs | $500+ for holes and gouges |
| Cabinet replacement | $300+ per cabinet |
| Broken windows | $100+ per window |
| Exterior and landscaping repairs | $1,000+ for damage from misuse or lack of care |
As these examples illustrate, wear and tear expenses are generally lower than damage costs and involve finishing surfaces and items at the end of their usable lifespan. Damage charges can be more substantial from having to replace items prematurely.
How to Address Wear vs. Damage
To handle wear and tear issues and avoid damage disputes:
- Document condition at move-in and out to prove any pre-existing flaws.
- Make periodic inspections and address emerging wear early before it worsens.
- Discuss concerns openly and maintain the property appropriately.
- Review state laws on security deposits and wear and tear deductions.
- Consider pro-rated costs if damage occurs near the end of the lease term.
By following these best practices and accounting for reasonable wear over time, landlords can cover their costs while maintaining goodwill with tenants.
Conclusion
While landlords cannot charge for normal wear and tear over a tenancy term, they can pass on costs for repairing damage caused by tenants through negligence or misuse. However, wear and tear is often subject to some interpretation. Following move-in and move-out procedures, communicating about issues, allowing access for maintenance, and reviewing state law provisions can help avoid disputes between landlords and tenants over what qualifies as damage versus basic aging of the property.