Normal wear and tear vs. property damage: A landlord’s guide (2024)

When a tenant moves out of your rental property, there’s a good chance it’s not going to look the same as it did when they first moved in. As a landlord, you should always plan to do some light maintenance repairs and deep cleaning in order to prepare the property for the next tenant.

This level of normal wear and tear is expected from the majority of tenants. But for many landlords, there’s always the possibility of a renter going beyond what’s considered reasonable and the risk of significant property damage. In this article, we’ll dive into the difference between repairs for normal wear and tear and those needed for extensive property damage. We’ll provide examples of both, tips for ensuring your properties are well maintained, and how security deposits and tenant screening can minimize future damages.

What is normal wear and tear?

Normal wear and tear generally refers to the expected deterioration of a rental unit as a result of the tenant’s everyday use. This can include things like loose doorknobs, worn out carpet, and minor scratches on the walls and floors. Because this type of wear is unavoidable, tenants generally aren’t held responsible for this kind of damage.

Examples of normal wear and tear in rental properties

While the specific damages that can be classified as normal wear and tear varies by state and jurisdiction, the Department of Housing and Urban Development (HUD) provides a list of examples that includes:

  • Fading, peeling, or cracked paint
  • Small chips in plaster
  • Nail holes, pine holes
  • Worn or faded carpet
  • Worn or scratched enamel in bathtubs, sinks, or toilets
  • Dirty or faded lamp or window shades

What is tenant property damage?

On the other hand, tenant damage calls for more significant, costly repairs and is the result of neglect or abuse, both accidental and intentional. Depending on the severity of the damage, tenants may be eligible to lose their security deposit, receive a notice to vacate, or face eviction. Unlike normal wear and tear, this type of destruction can’t be fixed with minor repairs or even deep cleaning and may even render a rental property uninhabitable.

Examples of tenant property damage

The HUD also provides a list of examples of the types of tenant damage you might encounter over time, including:

  • Gaping holes in walls or plaster
  • Seriously damaged or ruined wallpaper
  • Doors ripped off hinges
  • Broken windows
  • Holes, stains or burns in the carpet
  • Missing fixtures

How landlords can maintain their rental unit

While normal wear is inevitable, you as a landlord have a responsibility to keep their rental property in good condition for current and future renters. Whether that’s including an inspection checklist in the lease agreement to performing routine maintenance checks, here are a few best practices for you to keep in mind to protect your rental property.

Require a security deposit

In addition to collecting rent, it’s a good idea to also ask for a security deposit at the start of a tenant’s lease. Think of a security deposit as a form of insurance that you can use to repair property damage in addition to covering unpaid rent. Keep in mind that state laws dictate how much you can charge for a security deposit, what you can use it for, and how long you have to return the deposit if there is not property damage. In California, for example, landlords have 21 days to return all of a tenant’s security deposit if there are no deductions. California landlords can only use funds from a security deposit to clean the rental property, repair damage outside of normal wear and tear, and restore or replace furniture included in the rental.

Perform routine maintenance

Another way to maintain your rental property is conduct regular maintenance such as routinely updating appliances, ensuring your building is up to code, and keeping all utilities in working order. Set up a maintenance request workflow for your tenants and be sure to respond to all inquiries in a timely manner. Regularly checking up on and fixing minor issues in your rental property can help you minimize any clean up or repairs required after your tenant moves out. It also gives you an opportunity to check in on the property while it’s occupied and address any issues before they spiral out of control.

Conduct walkthrough inspections

For every rental property, it’s a good habit to include a walkthrough inspection before and after the renter moves in. Take the time to photograph and document the condition of your unit, including the undamaged parts as well as any damages, before and after a renter’s lease. This will ensure you have proper evidence if, after your tenant moves out, you need to deduct from their security deposit for repairs. Make note of any issues in the tenant’s lease agreement so they’re aware of what damages were there before they moved in.

Create a damage charge list

After you conduct your inspection and document any damages caused by the tenant, you’ll want to create a detailed list of the issues you found and the cost associated with repairs. Send this list to the tenant as soon as possible so they know what you intend to deduct from their security deposit.

Security deposit FAQs: What can be deducted?

We’ve gone over the different types of damages and the importance of requiring a security deposit, but what exactly can you withhold from a renter’s deposit? Generally speaking, if there is no damage to fix then you’re legally obligated to return the entire security deposit back to your former tenant. While the specific deductions are defined at the state level, here are some general FAQs regarding how you can use your renter’s security deposit.

Can a landlord charge for normal wear and tear damage?

State laws restrict landlords from deducting for normal wear and tear but they are allowed to use funds for cleaning fees. In California, landlords may only deduct for repairing damage other than normal wear and tear.

How much can landlords charge a tenant for damages?

Most states don’t have a specific limit for how much landlords can charge for damages, only that the amount must be considered reasonable and itemized in a receipt.

How much can a landlord deduct from a security deposit?

While the deduction amount may vary state by state, landlords are allowed to deduct from the deposit for any property damages and cleaning fees required after a renter moves out. If a landlord withholds the entire security deposit, they must provide the tenant with a detailed charge list that includes the price of all repairs and replacement costs.

Are nail holes considered normal wear and tear or damage?

According to the HUD, nail holes in the walls are considered normal wear and tear. However, it’s reasonable to classify large screw holes or multiple nail holes that cause damage to the paint or drywall as property damage.

The role of tenant screening in preventing property damage

When it comes to protecting your rental property, one of the best things you can do is to take preventative measures and thoroughly screen prospective tenants before they move in. A comprehensive tenant screening solution can help you identify tenants who not only can meet your financial expectations but also demonstrate they are responsible and respectful.

Understanding the benefits of tenant screening

Thoroughly screening prospective tenants will give you a better understanding of their background and identify potential red flags before you agree to hand over the keys to your property. A typical screening report will include an applicant’s full credit report and score, background check, and rental history report, giving you a holistic view of your tenant.

How tenant screening can minimize property damage

During the tenant screening process, you’ll gain access to an applicant’s financial, rental, and criminal history. In addition to understanding an applicant’s ability to afford rent, you’ll also see if there are any behavioral red flags to watch out for in a prospective tenant. Eviction related proceedings reports, for example, will often show any tenant judgements for possession and money as well as unlawful detainers. Tenant screening can help you back up any gut feelings you may have about a renter candidate and even unearth issues that may encourage you to pass on certain applicants.

As a landlord, you know that normal wear and tear is to be expected. But more significant damage, including the destruction of property, can pose a headache that keeps even the most experienced landlords up at night. With a deeper understanding of what constitutes normal wear versus tenant damage, as well as what steps you can take to mitigate or even prevent such issues, you can be confident in renting out your next vacant unit.

Don’t let renters take you by surprise. Make sure you know exactly who you’re renting to before you sign on the dotted line when you use RentSpree’s Tenant Screening to find your next renter today.

Normal wear and tear vs. property damage: A landlord’s guide (2024)

FAQs

Normal wear and tear vs. property damage: A landlord’s guide? ›

Can a landlord charge for normal wear and tear damage? State laws restrict landlords from deducting for normal wear and tear but they are allowed to use funds for cleaning fees. In California, landlords may only deduct for repairing damage other than normal wear and tear.

What is the difference between damage and wear and tear? ›

When a tenant causes damage beyond normal use, a landlord has cause to charge the tenant for the damages. This may include damages inflicted by the tenants, their guests, or pets. Matted carpet or furniture impressions are wear and tear; burned or stained carpeting is damage.

What damage is caused by normal wear and tear? ›

This refers to the reasonable damage to a property as a result of normal, everyday use. When tenants live on the property and use it regularly, the property is expected to depreciate. To prevent further damage caused by normal wear and tear, landlords should maintain the property on a regular basis.

What is the normal wear and tear clause? ›

Introduction to the Wear and Tear Clause in Real Estate

This includes natural depreciation due to time and ordinary daily use, such as carpet wearing thin or paint fading. The wear and tear clause does not cover irresponsible or abusive treatment by the tenant, which can be classified as damage.

What is considered normal wear and tear paint in California? ›

Understanding Normal Wear and Tear

Some common examples of this are: Faded paint: Sunlight exposure naturally fades paint over time. Carpets worn down in high traffic areas: Foot traffic over long periods of time can gradually wear down carpets. Loose doorknobs: Doorknobs experience wear and tear through regular use.

What are examples of normal wear and tear? ›

In other words, ordinary wear and tear is the natural and gradual deterioration of the home over time, which results from a Tenant's normal use of the property. For example, the carpeting in a property, or even the paint on the walls, wears out in the normal course of living.

Is dirty grout normal wear and tear? ›

Wear and tear is simply the decline of the property's condition with continued use. One could say wear and tear is simply the property getting older, not damage caused by any form of carelessness or neglect. Here are a few examples of wear and tear: Dirty floor grout.

What is reasonable wear and tear? ›

Fair wear and tear refers to the reasonable deterioration that occurs in a rental property over time, as a result of normal, everyday use during the period of a tenancy. It's separate from damage caused by misuse, negligence, or intentional actions of a tenant, which the tenant should be responsible for.

Are wall scuffs normal wear and tear? ›

What Is Normal Wear and Tear? Normal wear and tear happens naturally over time with any tenant, even with care and regular maintenance. It includes things like faded paint, worn carpet, and minor scuffs or marks on walls. Normal wear and tear is expected and is not the tenant's responsibility to fix or pay for.

Do stains count as damage? ›

While the following is generally considered to be damage: Scratches/burns on kitchen counters. Stains or burns on carpets/scratches on floors. Broken/damaged appliances.

What is the wear and tear policy? ›

Throughout a tenancy, you may notice that the condition of the things in your home may slightly change – this is called wear and tear. It's generally expected to happen over time, and therefore landlords can't deduct from your deposit to pay for it.

What does subject to wear and tear mean? ›

the damage that happens to an object in ordinary use during a period: Seat covers on buses take a lot of wear and tear.

What is considered a wear and tear item? ›

Normal living wear and tear refers to the expected and unavoidable deterioration a rental property experiences over time due to a tenant's regular and reasonable use. Examples include faded paint on walls, small nail holes from hanging pictures, and appliances' expected and gradual deterioration.

What is the meaning of wear and damage? ›

Wear and tear is the damage or change that is caused to something when it is being used normally. ...the problem of wear and tear on the equipment in the harsh desert conditions. [ + on]

What is the difference between wear and tear? ›

It is an expression indicating ordinary damage from frequent use. But specifically, wear means something one puts on such as clothing. Tear usually means that something is damaged by ripping or “tearing “ the material.

Is wear and tear the same as damage sofa? ›

Minor scratches, dents, or stains on furniture are considered normal wear and tear, but significant damage or missing items will need to be addressed.

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