Normal wear and tear is deterioration that is expected when a rental unit is used respectfully and as it was designed, such as gently worn carpets and faded walls. It does not include damage and destruction caused by abusive or negligent use, like ripped carpets and heavily stained walls.
| Furnishing | Normal Wear and Tear | Damage |
|---|---|---|
| Walls or paint |
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| Windows |
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| Flooring |
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| Carpet |
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| Doors/cabinets |
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| Shower/bathtub |
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| Toilet |
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| Metal furnishings |
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| Blinds/curtains |
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| Mirrors |
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| Appliances |
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| Lighting |
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What is Normal Wear and Tear?
During the course of a tenancy, it’s natural for the unit to get worn down in certain places. Landlords cannot charge the tenant or deduct from the security deposit for things that are supposed to wear down over time.
Some examples of normal wear and tear are:
- Small nail holes
- Fading, chipped, or peeling paint
- Small dings in the wall
- Worn or faded carpet
- Dirty carpet, appliances, baseboards, blinds, and more
- Light scratches on appliances or metal fixtures
Although the exact definition in each state differs for normal wear and tear (and some states don’t define it at all), it is generally understood to mean deterioration that occurs naturally as a result of the tenant and their guests using the property respectfully, as it was designed to be used.
The legal definition of “normal wear and tear” in Texas is “deterioration that results from the intended use of a dwelling, including…breakage or malfunction due to age or deteriorated condition.”
Useful Life of Furnishings
The useful life of furnishings is an estimate on how long certain items are supposed to last in a house during normal life activities. Understanding how long these items should last helps landlords:
- Know if a Tenant Has Been too Hard on Items. If the useful life of the installed carpet is eight years, but it’s destroyed after four, the landlord has a case that damage has been caused rather than normal wear and tear.
- Calculate How Much to Deduct or Charge. In the case above, with carpet being destroyed after four years rather than eight, the landlord could reasonably deduct 1/2 the cost of the carpet from the security deposit. It’s not reasonable to charge the full cost to the tenant when it was still used for half of its useful life.
- Know if an Item Should be Worn Out. It’s not reasonable to charge a tenant for carpet replacement if the full eight years of its useful life has passed.
A tenant moves out after one year, and the three-year-old paint job needs to be redone due to accumulated deterioration. Because the paint was only expected to last four years, the landlord should only charge the tenant for a quarter of the cost of replacement because the paint only had one year (or a quarter) of its useful life left.
| Furnishing | Life Expectancy |
|---|---|
| Carpet | 5-10 years |
| Hardwood flooring | 20-100 years (depending on the type of wood) |
| Tile flooring | 20-50 years |
| Paint | 3-5 years |
| Air conditioning units | 15-20 years |
| Refrigerators | 10-20 years |
| Ranges/ovens | 15-20 years |
| Dishwashers | 8-12 years |
| Washing machines/dryers | 10-15 years |
| Water heaters | 10-15 years |
| Toilets | 40-50 years |
| Ceiling fans | 8-10 years |
| Window shades/screens/blinds | 5-10 years |
Deciding Between Normal Wear and Tear and Damage
It’s often easy to tell if something is worn down to normal use versus something that was actually damaged. Here’s an example of a worn, but not damaged, carpet:
This can easily be explained away as fading due to walking on it for a few years, or perhaps it’s in a very sunny room.
Here’s an example of a carpet that has been obviously damaged:
It’s clear that the tenant caused this damage and that a chunk of the carpet must be replaced.
This logic can be applied to most other items and fixtures in a house:
- Scratches on a fridge versus three of the shelves broken in half
- Soot stains on walls from candles versus a few paint chips in high-traffic areas
- Massive holes in the wall with jagged edges from chunks falling out versus small nail holes that held up a picture frame
Can Landlords Charge for Normal Wear and Tear?
No, landlords cannot charge for or make deductions from security deposits for normal wear and tear. If the tenant leaves without any damage greater than normal wear and tear, they should receive their entire security deposit back.
If the landlord decides that it’s time for some maintenance when the lease is up, such as replacing old carpet, painting faded walls, or upgrading some appliances, that will come out of their pocket, and not the tenant’s.
Proving Damage Rather Than Normal Wear and Tear
Any time there is damage in a property, there is the potential for pushback or even a lawsuit from the tenant. Landlords should make sure that they can prove the damage in court and that they are also charging a fair amount.
- Document the Damage. Landlords who can show the tenant or a judge before-and-after photos of the damage has a much better chance of winning the case.
- Tally Repair Costs. Get two different quotes for the cost to fix or replace the damage. If it’s an item the landlord purchased, such as a fridge or a stove, make sure to have the receipts on hand. Also understanding how long the item’s estimated useful life should be can help determine how much to deduct.
- Deduct From Security Deposit. At this point, it’s time to send an itemized list of security deposit deductions to the former tenant, along with a check for the remaining security deposit, or a bill if the deductions exceed the amount of the deposit. Include any pictures or cost tallies compiled from the first two steps to lessen the chance of a lawsuit.
Who Determines the Difference Between Damage and Normal Wear and Tear?
At first, it’s the landlord’s determination to decide what to deduct from the security deposit. If the tenant disagrees with the deductions and decides to sue, then it will be up to a judge to decide. The judge will base their decision on testimony, physical evidence, and previous lawsuits. Landlords with pictures and receipts will usually have the upper hand.
