Normal Wear and Tear vs. Damage: What Landlords Can Legally Charge For

Every disputed deduction comes down to one question: is this normal wear and tear (the landlord’s cost of doing business, not deductible in essentially every state) or damage (yours)? The legal test is roughly: did it happen from ordinary, careful living — or from misuse, neglect, or accident?

Usually wear and tear (not deductible)

• Small nail and thumbtack holes from pictures
• Faded, yellowed, or lightly scuffed paint; minor wall scuffs
• Carpet flattened or worn in walking paths; minor fraying from age
• Loose grout, worn enamel, dulled counters and fixtures
• Sticking doors and windows from settling or humidity
• Curtains or blinds faded by the sun

Usually damage (deductible)

• Holes in doors or walls beyond nail size; unapproved paint colors
• Burns, bleach spots, pet stains, or large rips in carpet
• Broken windows, fixtures, appliances, or cabinet doors
• Water damage from an unreported leak (reporting late = neglect)
• Excessive filth requiring more than ordinary turnover cleaning
• Missing keys, remotes, smoke detectors, or fixtures

The gray zone — where the fights happen

Full repaints, full carpet replacement, and “professional cleaning” fees are the classic overreaches. Two principles cut through most of them:

1. Useful life. Paint and carpet depreciate. If the carpet was 8 years into a 10-year life, you owe at most the remaining 20% — not a brand-new floor. Judges apply this constantly; landlords hope you don’t know it.
2. Condition at move-in. You can’t damage what was already damaged. This is the whole reason a timestamped move-in walkthrough exists — the scratch you photographed on day one can never be billed to you on day 365.

How to win the argument

Wear-and-tear disputes are evidence disputes. A renter with dated move-in photos, dated move-out photos of the same rooms, and an itemized rebuttal wins; a renter with memories loses. DepositShield’s then-vs-now comparison puts both sets side by side, per room, with cryptographic timestamps — the exact artifact that ends these arguments.

Deduction rules and penalties vary by state — check yours on the state law pages.