Your tenant is responsible for paying for repairing and cleaning anything beyond ordinary wear and tear to the unit. Anything that falls with ordinary wear and tear is your responsibility. Some tenants damage property, while some landlords deduct the costs from security deposits for regular cleaning and maintenance. Where’s the line between “ordinary wear and tear” and damage?
After a tenant leaves their unit, you can deduct the costs to repair the damage from their security deposit if it’s more than ordinary wear and tear, according to state statute. Similar language should be in your residential rental lease if it’s not already.
The legislature didn’t want to go into a deep dive over what is or is not ordinary wear and tear, so there’s no statutory definition. State courts have generally defined it as what happens after normal property usage. It’s the unavoidable deterioration of a unit from the tenant’s expected, normal use.
Generally, if a condition is caused by a tenant’s neglect, misuse, or abuse, not due to using or living in the premises, it should be considered damage the tenant could be financially responsible for.
Finding the Line Between Wear and Damage
A repair warranting a security deposit deduction is typically avoidable harm that occurred due to a tenant’s negligent or intentional act or failure to act, not due to living in or using the property. In addition to damage, a tenant could be charged for cleaning up filth beyond ordinary use.
How much time has passed since the tenant moved in and when you made improvements should be considered. Dirt build-up in a carpet over a one-year tenancy should be a lot less than if the tenant lived there for five. If a carpet has a five-year expected lifespan, the tenant shouldn’t be charged to replace it after they’ve been there that long. If the one-year tenant did the same amount of wear as what’s expected after five, the tenant should pay for the replacement.
You should also consider how many tenants are in the unit. If you rent to a family of five, there should be more wear and tear than if the tenants are a couple or one individual. The quality of the furnishings and appliances should also be taken into account. If you buy the cheapest product you can find, normal wear and tear may end its lifespan quickly.
How This Might Play Out
Some examples are:
- Carpets: Normal use can fade, high-traffic areas may thin, and the corners may peel up. Sun and regular use will degrade carpet. Damage can include stains that weren’t cleaned, burns, or odor caused by urine
- Bathrooms: You should expect more wear and tear if there is one bathroom. There will be a lot of water use and steam from showers. Tiles fade, water may drain slower, and tiles and walls may have light scratches and scuffs. Tiles shouldn’t be chipped, cracked, or broken. Mirrors should be intact. Water damage and stains caused by repeatedly overflowing showers or sinks should be the tenant’s responsibility
- Hardwood floors: Their finish will wear, the wood will fade, and light scratches will happen with regular use. Deep and multiple scratches, permanent stains, burn damage, or chips missing from the floor should be considered damage
Each situation is unique, so you need to use your best judgment. You can also call our office so we can discuss what’s going on and how a legal challenge to your use of a security deposit may go.
Before and After
The best way to judge whether something is damaged or just worn from normal use is to document the unit’s condition before a tenant takes occupancy. It’s in both parties’ interests to go over the unit together before the person moves in. Both sides should take videos or multiple photos of the unit. At the end of the tenancy, with the benefit of the videos, the parties should discuss in good faith any issues and try to resolve them.
You can’t deduct damage caused by a prior tenant. If tenant A caused damage you didn’t address, you can’t take it from tenant B’s security deposit because you didn’t fix it. If tenant B’s video shows the pre-existing problem, this is a sure loser in court.
Be Proactive
Regular inspections during the tenancy by the landlord and good communication with tenants are essential ways to prevent accidents from damaging the unit. The tenant should be encouraged to report anything causing damage, whether it’s the tenant’s fault or the building needs repair. Whether a tub overflows, a pipe leaks, or water leaks through windows, you should know about it so you can limit the damage.
You need to tell the tenant they’re responsible for the damage they cause but don’t scold them when it happens if you want to maintain good communication and a working relationship. Even if they caused the problem, thank them for reporting it quickly.
AWB Law is Here to Help
If you’re a residential landlord with questions or concerns or need legal representation because of a security deposit dispute, call the legal team at AWB Law at (949) 244-4207 or complete our online contact form today to schedule a consultation.
