Tenant Rights for Normal Wear and Tear

Landlords can't charge tenants for causing normal wear and tear in their homes.

While landlords can charge tenants for repairs made on a dwelling, they cannot charge tenants for repairing the "normal wear and tear" that results when real people live inside a home and use its facilities and appliances.

Security Deposit

When a tenant moves out at the end of his lease, he is entitled to the return of his security deposit. If a dwelling has been damaged beyond "normal wear and tear," the landlord has the right to deduct the cost of repairs from the deposit.

Normal Wear and Tear

Normal wear and tear is the sort of "damage" that is expected when people live in a home and use its appliances. If a refrigerator breaks because of age or defective manufacturing, a tenant can't be sued to replace it. On the other hand, if a washing machine no longer works because it has been overloaded by the tenant, that is the tenant's responsibility.

Walk Through Inspection

In some states a tenant can require a landlord to accompany her on a walk-through inspection of the property before the lease actually ends. The landlord must inform the tenant of any damage to the apartment that could be deducted from the security deposit.

Documentation

Tenants can avoid conflicts over what constitutes "normal wear and tear" by documenting property damage as soon as they move in and providing the landlord with this documentation.

Itemization

In most states a tenant has a right to demand that a landlord itemize any deductions taken from the security deposit. If it appears that the landlord is charging the tenant for repairs for normal wear and tear, the tenant can challenge the deduction.

References

• Nolo: Get Your Security Deposit Back
• Nolo: Cleaning and Repairs that a Landlord Can Deduct from a Security Deposit
• Nolo: Protect Your Security Deposit When you Move In