Most landlords collect security deposits as a part of their lease to ensure that tenants do not harm their property. When a tenant moves out, deductions can be made from a security deposit to repair harm that is above normal wear and tear. But what does normal wear and tear mean? How is it different from damage?
It is important for landlords to be able to distinguish between normal wear and tear and damage because it is often a point of contention. Tenants and landlords often differ as to the amount of damage that has been caused. Tenants will assert that damage is just normal wear and tear while landlords assert the opposite. The line between the two however is not often clear, nor is it easily defined.
Do State Or Local Laws Provide The Answer?
Many landlord/tenant relationships are governed by state or local laws. Here in Memphis, Tennessee, we use The Uniform Residential Landlord and Tenant Act. But, this Act does not provide a definition of “normal wear and tear” and I suspect most other state statutes do not either. It is just too hard to nail down. The Act does not even use the term “wear and tear” anymore. Instead it discusses “damage” caused by the tenant. Does the Act define “damage” then? Nope. Again, it is too hard to nail down. So, how does a landlord know what the difference is?
Getting To A Meaning
Black’s Law Dictionary provides some guidance. It defines the terms “normal,” “wear and tear” and “damage.” I use a law dictionary because word meanings in a court of law can be different from their common, everyday meaning. And a court of law is where landlords have to think things (not just wear and tear cases, but everything they do) may end up someday.
Normal is defined by Black’s as:
According to, constituting, or not deviating from an established norm, rule or principle; conformed to a type, standard or regular form; performing the proper functions; regular, average, natural.
It defines “wear and tear” in part as:
…deterioration or depreciation in value by ordinary and reasonable use of the subject matter.
Damage (as opposed to damages) is defined in part as:
Loss, injury or deterioration, caused by the negligence, design or accident of one person to another, in respect of the latter’s person or property.
So What Is Normal?
With these legal definitions we get closer to an answer. There are two types of wear and tear, one type caused by reasonable use and another type above and beyond reasonable use somehow caused by the tenant.
How does this then translate into real life? What is normal? Every situation can’t be spelled out, but here are some examples.
- Paint fading or chipping from furniture being pushed against it. It is normal for people to have their furniture against the walls.
- Flooring showing a trail from the paths folks use every day. It is normal for carpet to wear out after constant use.
- Older appliances and fixtures eventually quitting. It is normal for the refrigerator to just stop working one day.
- Plumbing starting to drip or leak. Fittings and washers wear out. It is normal for things to leak occasionally.
You cannot charge the tenant for this type of wear and tear. It is not their fault. The stuff would have worn out anyway no matter who the tenant was or what they did. However,
- Crayon drawings all over the walls are not normal.
- Painting the walls black is not normal.
- Wine stains on carpet, iron burns on hardwood and cracked ceramic tiles are not normal.
- AC coils covered in dog hair and ceiling fans pulled from the receptacle are not normal.
- Cracked toilet tanks are not normal.
- Doors pulled from their hinges and broken windows are not normal.
You can charge the tenant for these types of wear and tear because it is above and beyond normal. It is damage that is the tenant’s fault.
See the difference?
Ultimately a judge or jury can define what normal wear and tear means in your particular case, but you do not want to let it get that far. It is much easier and better for everyone to understand on the front end what normal wear and tear generally means. Smarter landlords set the expectation with their tenants on how they expect their property to be returned to them and how tenants can expect to get their security deposit refunded at the very beginning.
Setting up those expectations is a the topic I will discuss in the near future.
Have you ever had a dispute with your tenant (or landlord) over “normal wear and tear? Please share with your comments below.
