Normal wear and tear vs damage: what can be deducted

Every deposit dispute comes down to one question: did the unit wear out, or did someone damage it? The first is the landlord’s cost of doing business. The second can come out of the deposit. Most state laws draw the line with nearly the same words, and in practice the same items end up on the same side of it.

This guide gives the statutory wording, a table of common items, how useful life cuts down a charge, and what evidence deposit disputes turn on.

What the statutes say

State deposit laws allow deductions for damage but exclude ordinary or normal wear and tear. The wording is short, and similar from state to state.

• California: the deposit may be used for “the repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant” (Civil Code § 1950.5(b)(2)). Cleaning is allowed only to return the unit to the level of cleanliness it had at the start of the tenancy (§ 1950.5(b)(3)). The landlord also may not claim for conditions that preexisted the tenancy, for ordinary wear and tear or its effects, or for the cumulative effects of wear and tear over one or more tenancies (§ 1950.5(e)).
• Texas: “normal wear and tear” means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but not deterioration from negligence, carelessness, accident or abuse by the tenant, the household or guests (Property Code § 92.001).
• Washington: the landlord may not keep the deposit for wear resulting from ordinary use of the premises (RCW 59.18.260).

The Texas definition is the most useful one to keep in your head: intended use and age on one side, negligence, carelessness, accident and abuse on the other.

Wear and tear vs damage: 24 examples

These are the typical outcomes, not guarantees. The facts matter: how long the tenancy lasted, the item’s age, and what the move-in record says.

Item	Usually normal wear and tear	Usually damage
Carpet	Worn traffic paths, flattened pile, moderate dirt or spotting	Large rips, burns, indelible stains, pet urine
Hardwood floor	Light surface scratches, finish dulled in walkways	Deep gouges, water damage from an overflowing tub or plant pots, pet scratches through the finish
Vinyl or tile	Slight discoloration from age	Cracked tiles from dropped objects, cuts in vinyl
Walls: small holes	A few small nail holes from pictures	Many holes that need plaster and repainting, drywall anchors all over, a TV mount
Walls: marks	Minor marks and nicks, worn paint behind a sofa	Crayon, large scuffs, holes from door handles without a stopper
Paint	Fading, slight discoloration after several years	Unapproved colors, heavy smoke staining, soiling that can’t reasonably be cleaned
Doors	Loose hinges and handles from use	Holes, splintered frames from a forced entry, pet claw marks
Door locks	Worn lock that sticks	Lock replaced without permission, keys not returned
Windows	Seals failing from age, hard-to-open sashes	Broken panes, torn screens
Blinds	Sun-faded or brittle slats	Bent, missing or chewed slats
Curtains, drapes	Fading, wear from normal use	Large rips, stains that won’t come out
Kitchen countertop	Minor wear, faded surface	Burns from hot pans, knife cuts, chips
Stove, oven	Worn knobs, element failing with age	Broken glass top, grease buildup beyond move-in condition
Refrigerator	Door seal worn, compressor failing with age	Broken shelves, dented door, damage from ice picking
Dishwasher, washer	Breakdown from age	Damage from misuse, like overloading or wrong detergent
Bathroom grout, caulk	Discolored grout, caulk worn out over time	Mold from never using the fan, if the lease required ventilation
Toilet, sink	Worn flush mechanism, dulled enamel	Cracked bowl or sink, clog from flushed wipes
Bathtub	Dull finish from years of use	Chips or cracks from dropped objects
Light fixtures	Bulbs burned out, switch worn	Broken fixtures, missing covers
Smoke alarm	Battery dead after the tenant lived there a long time	Alarm removed or disabled
Cabinets	Hinges loose, finish worn around handles	Broken doors, water-swollen base from a leak the tenant didn’t report
Yard (if tenant’s job)	Grass thinning, normal seasonal wear	Dead lawn from no watering required by the lease, oil stains on the driveway
Pests	Pests coming in from outside through old gaps	Infestation from garbage left inside
Cleanliness	Light dust, normal use of a clean unit	Unit left dirtier than received: grease, trash, pet hair everywhere

Several of these come straight from official guidance. The California Department of Real Estate guide treats minor marks, nicks and worn paint behind a sofa as wear and tear, and a large number of holes that need plaster, patching and repainting as chargeable. It also says worn carpet and drapes, including moderate dirt or spotting, are wear and tear, while large rips or indelible stains justify a deduction. The Texas Attorney General gives the same carpet example: if it simply got more worn from a year of walking, the landlord can’t charge for a new one.

Useful life and depreciation

Even when something is damaged, the tenant usually doesn’t owe the price of a brand-new replacement. Every carpet, paint job and appliance wears out eventually, and the landlord would have paid for that anyway.

The common method prorates the replacement cost by the remaining useful life. The California DRE guide’s example: a tenant damaged beyond repair an 8-year-old carpet with a 10-year life expectancy, and a similar carpet costs $1,000. Two years of life were left, so the charge is about $200, not $1,000.

The same logic applies to paint. The DRE guide says charging for painting is generally allowed only when it is needed because of damage beyond normal wear and tear or because of soiling that can’t reasonably be cleaned. Paint near the end of its life has little value left to charge for.

What matters in practice: ask for the age of the item and the invoice for the new one. Landlords rarely have the first number handy, and without it, a full-price charge is hard to defend.

Cleaning is a separate question

Cleaning is not damage. In California the landlord can charge cleaning only to get the unit back to how clean it was when you moved in (§ 1950.5(b)(3)). If you received it with a greasy oven, the landlord can’t bill you for a spotless one.

That is why the move-in record needs a line on cleanliness, not only on defects. Washington goes furthest: the checklist must describe the condition and cleanliness of the unit, and no deposit may be collected without it (RCW 59.18.260).

How to prove the condition

The side with the better record wins most of these disputes. Three things do the work:

1. A signed move-in checklist, room by room, with photos linked to line items. In Massachusetts, damage listed on the statement of condition can’t be deducted later, unless the landlord repaired it afterwards and can prove the new damage is unrelated and was caused by the tenant or guests (G.L. c. 186 § 15B(4)).
2. The same checklist at move-out, same order, same rooms, with photos from the same angles. Comparing the two lists is how you tell wear from new damage.
3. Dates and ages: when the carpet was installed, when the unit was last painted, the appliance model year. That is what turns a replacement charge into a prorated one.

A move-in/move-out inspection report covers points 1 and 2 as you walk through: you say what you see, AI writes each room and puts each photo in it, and the PDF is sealed with a timestamp. The other side can sign on your phone or later by email. If you are moving out in California, also use the pre-move-out inspection: it shows you the landlord’s list while you still have time to fix it.

If the landlord charges for wear and tear anyway

Answer in writing. List each disputed item, say why it is wear and tear, and attach the move-in record and photos. Ask for the item’s age and the invoice. Many charges shrink at this stage.

If they don’t, most deposit disputes go to small claims court. Several states add penalties for bad-faith withholding; in California the court can award up to twice the deposit on top of actual damages (§ 1950.5(m)).