SECURITY DEPOSITS
Normal wear and tear vs. damage: what you can deduct
Wear and tear is the gradual decline that comes from ordinary living — faded paint, light scuffs, carpet worn along walking paths. Damage comes from accidents, negligence, or abuse — holes, burns, pet stains, broken fixtures. You can deduct for damage, not wear, and only for the item's remaining useful value.
Almost every deposit dispute comes down to one question: was this ordinary living, or was it damage? There's no national list, but the principle is consistent across states — and judges apply it the same common-sense way.
The principle
- Normal wear and tear is the deterioration that happens when someone lives in a home normally, over time. Nobody did anything wrong; the home simply aged.
- Damage is harm beyond that — caused by an accident, negligence, carelessness, or abuse, by the tenant, their guests, or their pets.
Landlords can deduct for damage. They can't deduct for wear and tear.
Room by room
| Area | Usually wear and tear | Usually damage |
|---|---|---|
| Walls | Faded or slightly dirty paint; a few small nail holes; light scuffs | Large or many holes; anchor and TV-mount holes; crayon, marker; unapproved paint colors |
| Floors | Carpet worn in walkways; minor scratches on wood; faded vinyl | Burns, large stains, pet urine; deep gouges; water damage from neglect |
| Kitchen | Worn countertop finish; loose cabinet hinges; dull appliances | Burned or cracked countertops; broken shelves; missing parts |
| Bathroom | Worn grout; minor caulk discoloration; faded fixtures | Cracked sink or tub; mold from ignored leaks; broken toilet seat |
| Windows & blinds | Sun-faded blinds; sticky windows | Broken blinds; torn screens; cracked panes |
| Doors & hardware | Loose handles from use; worn finish | Holes in doors; broken locks; missing keys |
| Outside | Lawn wear; faded paint | Dead lawn from no watering (if tenant's job under the lease); trash left behind |
State statutes sometimes define these terms. Texas, for example, prohibits deducting for normal wear and tear and defines it as deterioration from the intended use of a home, as opposed to negligence, carelessness, accident, or abuse. Washington is more specific about what's off-limits: You can't deduct for ordinary wear and tear, routine carpet cleaning without damage beyond ordinary use, or anything that wasn't on the written move-in checklist.
Age changes the math
Everything in a home has a useful life. When a tenant damages something that was already partway through its life, the fair charge is the remaining value, not the cost of new.
Worked example
A carpet cost $2,000 and is expected to last 10 years. It's 7 years old when a tenant leaves a large burn. Its remaining value is about 3/10 of $2,000 — so a fair deduction is around $600, not $2,000.
Interior paint commonly gets a useful life of a few years; carpet often 5–10 years depending on quality. Use reasonable, consistent assumptions, and write them down.
How to make deductions hold up
- A dated move-in record. Photos and a signed checklist are the baseline everything is measured against. In Washington, it's required to keep a deposit at all.
- Matching move-out photos, same angles, same rooms.
- Specific descriptions — "burn mark, 3 inches, living room carpet by fireplace," not "carpet damage."
- Real costs — invoices, receipts, or written estimates; your own time at a reasonable rate.
- An itemized letter sent on time. Our free generator builds it.
When in doubt
If you're unsure whether something is wear or damage, ask: would a careful tenant living normally for this long have caused it? If yes, it's wear. Giving the tenant the benefit of the doubt on small items is usually cheaper than defending them — and it makes the deductions you do take more credible.
Common questions
Is a nail hole wear and tear or damage?
A few small nail holes from hanging pictures are commonly treated as normal wear and tear. Large anchor holes, many holes, or holes from wall-mounted TVs are usually damage.
Is carpet wear considered normal wear and tear?
Worn traffic paths and matting from ordinary use are wear and tear. Burns, large stains, pet urine damage, and tears are damage. Either way, account for the carpet's age.
Can a landlord charge for repainting after a tenant moves out?
Not for routine repainting due to age and ordinary use. A landlord can usually charge for repainting needed because of damage — crayon, large marks, unapproved paint colors — prorated for the paint's age.
General information, not legal or tax advice. Where we state a law, we link the statute and re-check it on a schedule; your city or county can add rules of its own.