Legal Glossary
Normal Wear and Tear
The expected, unavoidable deterioration of a rental property from ordinary everyday use — which landlords cannot charge tenants for.
Legal Definition
Normal wear and tear refers to the gradual, unavoidable deterioration that results from ordinary, reasonable use of a rental property over time — as opposed to damage caused by negligence, misuse, accidents, or abuse. Under the laws of virtually every U.S. state, landlords are prohibited from deducting the cost of repairing or replacing items that have deteriorated solely through normal wear and tear from a tenant's security deposit. The distinction between normal wear and tear and tenant damage is one of the most frequently disputed issues in landlord-tenant law.
In Plain English
Normal wear and tear is the natural aging that happens to any space from regular, careful use. You lived there for a year or two — the carpet got some wear from walking, the walls got minor scuffs from furniture, the paint faded a little. That's wear and tear, and your landlord cannot charge you for it. What your landlord can charge you for: holes in walls, large stains from spills, broken fixtures, burns, damage from pets, or anything that goes beyond what's expected from ordinary use. The test is: would this have happened even if a careful, reasonable person had lived there? If yes, it's wear and tear. If it happened because of something you did that a careful person wouldn't have done, it's damage. Many landlords try to deduct for wear and tear — knowing the difference lets you dispute those charges.
Real-World Example
After two years of tenancy, Marcus moves out of his apartment. The landlord deducts from his $2,400 security deposit: $400 for repainting (walls have normal scuffs and slight discoloration from two years of occupancy), $300 for carpet cleaning (light traffic wear on carpet, no stains), and $600 for replacing a light fixture Marcus accidentally broke. The first two deductions — repainting for normal scuffs and carpet cleaning for regular use wear — are almost certainly improper wear and tear deductions in most states. The $600 for the broken fixture is legitimate tenant damage. Marcus can dispute the first $700 in deductions by sending a written demand letter citing his state's security deposit law.