Normal Wear and Tear vs. Damage: A Room-by-Room Guide to What You Can Deduct
Every deposit statute in the country says the same thing in different words: the landlord may deduct for damage beyond normal wear and tear, and may not deduct for normal wear and tear itself. Not one of them defines the line. Courts have, case by case, and the pattern is consistent enough to write down.
This is that pattern, room by room, with the depreciation rule that turns "the carpet is ruined" into a number a judge will accept. The move-out half of the process — the itemised statement, the deadline, the letter — is on the deposit return letter pages.
The Test
Wear and tear is the deterioration that happens when a unit is lived in with ordinary care — the result of time and use, not of carelessness, accident or abuse. Damage is the rest. Three questions sort almost every case:
- Would this have happened to any tenant living here normally for this long? (If yes: wear.)
- Did it happen from a single event — a spill, a drop, a pet, a party — rather than gradual use? (If yes: damage.)
- Could the tenant have prevented it with ordinary care and reasonable reporting? (If yes: damage.)
Length of tenancy changes the answer. Scuffed paint after eight months is damage; after four years it is wear, because paint has a life of three to five years and it was due anyway. The same mark can be deductible or not depending on how long the tenant lived with it.
Room by Room
| Area | Normal wear and tear (not deductible) | Damage (deductible) |
|---|---|---|
| Walls and ceilings | Small nail holes from pictures; faded or slightly scuffed paint; minor marks near switches; hairline settling cracks | Large holes; unapproved paint colours; crayon, marker or grease that will not wash; water stains from an unreported leak; excessive holes from shelving or TV mounts |
| Carpet | Traffic patterns; matting in walkways; slight fading; minor spots that clean out | Burns; pet urine or odour; stains that do not clean (wine, dye, bleach); tears; wax; anything requiring replacement inside the carpet's useful life |
| Hardwood, laminate, tile | Light surface scratches; dulled finish in traffic paths; minor grout discolouration | Deep gouges; water damage from unreported spills or plants; cracked or missing tiles; pet scratches through the finish |
| Kitchen | Worn counter finish; minor knife marks on laminate; loose cabinet hinge; grease film that cleans off | Burns or cuts in counters; broken cabinet doors; heavy grease and food residue requiring deep cleaning; damaged or missing shelves and drawers |
| Appliances | Mechanical failure from age; worn seals; dulled drip pans | Broken glass shelves; missing parts; oven interior burned from misuse; fridge with mould from being left off and closed |
| Bathroom | Worn caulk; slightly discoloured grout; loose towel bar; mineral deposits | Cracked sink or tub; mould from never ventilating and never reporting; broken toilet seat or tank lid; missing fixtures; damage from a clog the tenant caused |
| Doors and windows | Sticking door; loose knob; worn weather stripping; small blind slats bent | Holes in doors; broken glass; missing screens; broken locks; blinds torn or missing; damage from forced entry after a lockout |
| Cleaning | Dust; light cleaning; normal residue in a unit returned in reasonable condition | Unit returned dirty beyond ordinary cleaning; trash and belongings left behind; unreported pest infestation the tenant caused |
| Outdoors | Lawn seasonally worn; weathered deck; leaves | Dead lawn from neglect where the tenant was responsible; oil stains on the driveway; holes dug by pets; damage to fences and gates |
The Depreciation Rule
Even for damage, you may only deduct the remaining value of the damaged item, not its replacement cost. Courts and most state guidance use straight-line depreciation over the item's useful life:
- Carpet: 5–7 years (HUD uses 7; many courts use 5)
- Interior paint: 2–3 years in most guidance; up to 5 in some states
- Vinyl or laminate flooring: 10 years
- Hardwood refinish: 7–10 years
- Appliances: 10–15 years
- Blinds: 3–5 years
This is why the move-in condition report needs the age of finishes. Carpet of unknown age is carpet a judge will assume is old. Keep the invoice for every finish and appliance, with the date, on the unit's file.
Deducting full replacement cost for a four-year-old carpet is the single most common reason landlords lose deposit cases — and in the states with double- or treble-damage penalties (California, Texas, Massachusetts, New Jersey, Illinois and others), a deduction found to be in bad faith costs far more than the deduction was worth.
Pricing the Deduction
- Photograph the damage next to the move-in photo of the same spot. Side by side is what wins.
- Get an invoice or a written estimate from the vendor who did or will do the work. Your own time is deductible only at a reasonable hourly rate and only in some states — an invoice is cleaner.
- Apply depreciation to anything replaced.
- Itemise — one line per item, with the amount and a one-line reason. "Cleaning — $250" loses; "Professional cleaning of kitchen and bath, unit returned with food residue and mould in shower (photos 14–19), invoice attached — $250" wins.
- Send it within the state deadline with the balance. Missing the deadline forfeits the deductions in many states regardless of how good they were.
How it works in My Rental Spot: the move-out inspection shows each room's move-in photo beside the new one; deductions are itemised against the deposit on the ledger with depreciation applied to replaced items; and the statement goes to the tenant with the state deadline counted, by email and in the portal. See the deposit return letter for your state.
Frequently Asked Questions
Can I deduct for repainting?
Only if the tenant caused damage beyond scuffs and small nail holes — and even then, only the depreciated cost. Paint older than two to three years is generally considered fully depreciated, so repainting after a long tenancy is usually the landlord's cost.
Can I deduct for cleaning?
For cleaning beyond what returning a unit in ordinary condition requires — food residue, mould from neglect, trash left behind — yes, at a reasonable rate with an invoice. Routine cleaning between tenants is not deductible in most states, and a blanket "cleaning fee" is not either unless the state allows non-refundable fees.
Are nail holes wear and tear?
Small holes from hanging pictures are wear and tear almost everywhere. Large holes, dozens of holes, or holes from anchors for shelves and TV mounts are damage — but the cost of patching, not of repainting the wall.
What is the useful life of carpet for deposit purposes?
Most courts use five to seven years; HUD uses seven. After that, the carpet is fully depreciated and its replacement cannot be deducted regardless of condition.
Can I charge the tenant for my own labour?
Some states allow a reasonable hourly rate for the landlord's own work, documented with time and tasks; others expect an outside invoice. A vendor invoice is accepted everywhere and is the safer choice.
Does pet damage count as wear and tear?
No. Pet urine, scratches, odour and chewing are damage regardless of the pet policy — though the deduction is still limited to the depreciated value of what was damaged.
Move-in beside move-out, room by room
Photos side by side, deductions itemised with depreciation, the statement sent inside the deadline. Free.
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