This month’s article: “What is the definition of ‘ordinary wear and tear’?”
Legally you are entitled to charge your tenant for damages beyond ordinary wear and tear. But virtually all disputes over security deposits revolve around this elusive definition. It’s your job 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.
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 then is what is considered to be normal usage. Court decisions vary from state to state, court to court and even judge to judge. If you ask 100 small claims court judges you will likely get nearly 100 different interpretations of this definition.
A few examples of ordinary wear and tear vs. damage:
Smudges on the walls near light switches……………..crayon marks
Few small tack or nail holes………….numerous holes that require patching
Faded peeling or cracked paint………completely dirty or scuffed walls
Carpet worn thin from use………..carpet stained by bleach or dye
Carpet with moderate dirt or spots…….carpet ripped or pets stains
Moderately dirty mini blinds……….bent or missing mini blinds
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. So be careful.
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