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

Summary

While it’s unreasonable to ask tenants to keep your rental property as pristine as it was when they first moved in, there is an expectation that they treat it with a certain level of respect and care. But what constitutes normal wear and tear and what can be classified as excessive wear or property damage? In this guide, we’ll walk you through the difference between the two, the importance of security deposits, and how tenant screening can help minimize any wear and tear you may incur.

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.

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Normal wear and tear vs. property damage: A landlord’s guide (1)

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As an expert in real estate management and landlord-tenant relationships, I've had extensive experience in navigating the complexities of property maintenance, normal wear and tear, and tenant damages. I understand the nuances involved in ensuring rental properties are well-maintained while also protecting the interests of landlords. My expertise stems from practical involvement in property management, legal considerations, and a deep understanding of industry best practices.

Now, let's delve into the concepts discussed in the article:

1. Normal Wear and Tear vs. Property Damage

Definition:

  • Normal Wear and Tear: Expected deterioration due to everyday use, like loose doorknobs, worn carpet, and minor scratches.
  • Property Damage: Significant, costly repairs resulting from neglect or abuse, making a property uninhabitable.

Examples:

  • Normal Wear and Tear: Fading paint, small chips in plaster, worn carpet, scratches on walls, etc.
  • Property Damage: Gaping holes in walls, ruined wallpaper, doors ripped off hinges, broken windows, etc.

2. Landlord Responsibilities

Best Practices:

  • Security Deposits: Acts as insurance for property damage and unpaid rent. Regulations vary by state.
  • Routine Maintenance: Regular updates, code compliance, and utilities maintenance to minimize future issues.
  • Walkthrough Inspections: Document property condition before and after a lease for evidence in case of deductions.
  • Damage Charge List: Detailed list of damages and repair costs sent to the tenant after inspection.

3. Security Deposit FAQs

Common Questions:

  • Charging for Wear and Tear: Generally not allowed, but cleaning fees may be deducted.
  • Deduction Limits: Must be reasonable and itemized in a receipt.
  • Nail Holes: Considered normal wear and tear unless causing significant damage.

4. Tenant Screening

Benefits:

  • Comprehensive Insights: Credit report, background check, rental history provide a holistic view of tenants.
  • Red Flag Identification: Helps identify potential issues and make informed decisions.
  • Financial and Behavioral Analysis: Evaluates ability to afford rent and potential behavioral concerns.

Conclusion

By understanding the distinctions between normal wear and tear and tenant property damage, implementing best practices, and utilizing tenant screening, landlords can confidently manage their rental properties. This comprehensive approach minimizes surprises, protects property value, and ensures a positive landlord-tenant relationship. For those looking to streamline the tenant screening process, services like RentSpree offer valuable solutions.

Ensure a smooth rental experience by staying informed and proactive in property management.

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

FAQs

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

Normal wear and tear will happen, and as a landlord, you are responsible for returning the house for rent to its original state. But when dealing with property damages, the tenant is responsible, and if that's the case, their security deposit will go towards repairing those damages.

Is normal wear and tear different than damage? ›

Matted carpet or furniture impressions are wear and tear; burned or stained carpeting is damage. A few small nail holes are wear and tear; large holes in the walls constitute damage. Fading or yellowing of paint is wear and tear; large stains on the walls and ripped wallpaper is damage.

What is the normal wear and tear clause? ›

Definition of the Wear and Tear Clause

The clause outlines the expected deterioration that may occur in a rented property over time due to normal and reasonable use. This includes natural depreciation due to time and ordinary daily use, such as carpet wearing thin or paint fading.

What is reasonable wear and tear in Kansas? ›

There are no specific statutes that provide a definition of wear vs tear, but in most cases any deterioration that occurs naturally as a result of correct and regular use by the tenant without negligence is considered wear.

Is dirty grout normal wear and tear? ›

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. The door handles become somewhat loose.

Are screw holes normal wear and tear? ›

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.

Are blinds part of normal wear and tear? ›

Frayed or broken pull strings on blinds. Faded drapes, blinds, or curtains.

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 does wear and tear include? ›

Worn-out keys and door locks, fading furniture and curtain, worn and dirty carpets, indents where furniture has previously sat, loose hinges, cracked paint, dirty windows and loose tap handles are all examples of wear and tear.

What is the wear and tear policy? ›

Wear and tear is generally caused by poor upkeep or natural damage. Everything will suffer from wear and tear at some point, so it's expected. Home insurance is designed to protect from the unexpected. For example, a carpet with many stains, scuffs and fade marks from general living would come under wear and tear.

What is the property damage law in Kansas? ›

Can You Go to Jail for Criminal Property Damage? According to Kansas Code §21-3720, a convicted offender could face 11 to 13 years in prison for a severity level 7, nonperson felony, 5 to 7 years in prison for a level 9, nonperson felony and up to 6 months in jail for a class B nonperson misdemeanor.

What can a landlord not do in Kansas? ›

No matter the circ*mstances, your landlord is not allowed to evict you by themselves. Whenever your landlord wants to evict you, they must either have your agreement or get a court order. This means your landlord cannot try to evict you by shutting off the utilities or changing the locks.

Can you withhold rent in KS? ›

The only case in which a tenant may withhold rent in Kansas is under the repair and deduct statute. This takes effect if the landlord fails to make necessary repairs then the tenant may pay for the repairs and deduct the cost from their next rent payment.

Are paint scuffs normal wear and tear? ›

Minor Wall Scuffs: Occasional scuffs or small marks on walls created by furniture or everyday activities are generally considered normal wear and tear. Appliance Aging: Appliances, like refrigerators and stoves, naturally wear out over time with regular use, which is normal wear and tear.

Are scratches on the floor normal wear and tear? ›

Scuffs and scratches on hardwood floors are considered normal wear and tear, but significant damage or stains caused by tenants may require repair or replacement. Similarly, minor damage to carpets, such as normal wear patterns or minor stains, is expected, but significant damage or stains may require replacement.

Is a chipped tile wear and tear? ›

These types of cracks that appear on their own as a result of the movement of substrate or other natural occurring and unavoidable issues are obviously fair wear and tear.

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. If a tenant damages a piece of furniture beyond repair, the landlord may need to replace it.

Is damaged and worn the same? ›

They have a some what similar meaning worn refers to something damaged because it is old and had already been used or exhausted. Damaged refers to something that is destroyed whether it's old or new it refers to all.

What damage is caused by normal wear and tear? ›

Things that fall into the wear and tear category include worn carpets, scuffed floors, chipped paint and cracks in the plaster. These are changes that happen due to everyday life and can take place in all types of property over time – and, crucially, these are unavoidable.

What's another word for wear and tear? ›

What is another word for wear and tear?
deteriorationattrition
detritiondamage
degenerationimpairment
dilapidationdiminution
frictiona few knocks
37 more rows

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