In most states, you are entitled to charge your tenant for damages beyond ordinary wear and tear. However, there are many disputes over security deposits revolve around this elusive definition. It's your responsibility to be able to tell the difference between ordinary wear and tear and more serious damage that you can legally deduct from your tenant's security deposit. For questions on this article, we recommend consulting with an attorney or a property manager.
The standard definition of ordinary wear and tear in most states is deterioration or damage to the property expected to occur from normal usage. The problem defined in that definition is 'What then is what is considered to be normal usage?' Court decisions vary from state to state, court to court, even judge to judge. If you ask 10 small claims course judges or commissioners you will likely get nearly 10 different interpretations of this definition.
The bottom line is that there are not hard and fast rules on what constitutes ordinary wear and tear and what the tenant can legally be charged.
Ordinary wear and tear vs. damage examples
Smudges on the walls near light switches.................
Minor marks, scuffs on walls, doors or baseboard..................
Few small tack or nail holes................or larger holes thicker than the size of a pencil eraser
Faded peeling or cracked paint................
Carpet worn thin from use.................carpet stained by bleach or dye, red spots, pet damage, or improper care
Carpet with moderate dirt or spots..................carpet ripped or pets stains, or heavy staining as a result of lack of cleaning
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Orlando Realty & Property Management
708 E. Colonial Dr., Suite 201, Orlando, FL 32803
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