Wear & Tear Vs. Damages

Normal Wear and Tear and Damage: security deposit s can be used to repair damage for which the tenant is responsible. But the landlord cannot apply the security deposit to normal wear and tear. The question is: What's the difference?

Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical switches may wear out and break, pull strings on blinds may fray or break , carpet and tile may wear down. These things happen even if the tenant cleans regularly and cares for the premises reasonably. Damage occurs from unreasonable , use or accidents Damage can include extreme build up of dirt, mold, etc., stains on carpets, and broken windows. Even intentional alterations to the premises are considered damage. For example, the tenant cannot leave large holes in the walls from shelving or hanging pictures , and cannot repaint the walls to significantly change the color. If a tenant w ants to make changes to the premises that will remain after the tenant moves out, the tenant should do so only with the landlord's written permission.

The parties can , and in some state must, take steps to avoid disputes over damage. At the beginning of the lease term, the tenant should inspect the premises thoroughly and note all problems in writing on an inspection check list . Both the t he tenant and the landlord should sign and date the list . At the end of the lease, the tenant should again inspect the premises with the landlord present, discuss any damage with the landlord, and and check any problems found against the move in check list.

In several states, including New York, if a tenant commits waste (damage beyond normal wear and tear), the tenant can be held liable for triple the amount of damages. Check your state law to see if the law applies in your situation.

The following incomplete list is intended as a guide to reasonable interpretation of the differences between expected wear and tear from normal residential use and irresponsible or intentional actions that cause damage to a landlord's property.

The Subject is addressed in much greater detail in the RHOL Manage Web .

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