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Legal Guide

Chargeable vs Non-Chargeable Tenant Damages: Complete Checklist

Understanding the difference between normal wear and tear and tenant damage is crucial for both landlords and tenants. This guide provides a comprehensive checklist to determine what can legally be deducted from a security deposit.

Last Updated: December 5, 2025

What is Normal Wear and Tear?

Normal wear and tear refers to the gradual deterioration that happens through everyday use of a rental property. Landlords cannot charge tenants for these conditions.

  • Faded paint or wallpaper from sunlight
  • Minor scuff marks on walls from furniture
  • Worn carpet in high-traffic areas
  • Loose door handles from regular use
  • Faded or aging window treatments
  • Minor scratches on hardwood floors
  • Slightly dirty grout in bathrooms
  • Worn finish on kitchen appliances

Chargeable Tenant Damages

Landlords can deduct from the security deposit for damage beyond normal use. These conditions result from negligence, abuse, or accidents.

  • Large holes in walls (beyond small nail holes)
  • Broken windows or door glass
  • Stained or burned carpet
  • Pet damage (scratches, stains, odors)
  • Unauthorized paint colors
  • Missing or broken fixtures
  • Deep scratches or gouges in flooring
  • Water damage from negligence
  • Smoke damage or heavy nicotine stains
  • Broken blinds or window treatments

Room-by-Room Checklist

Use this checklist during move-in and move-out inspections to document the property condition.

  • Living Room: Walls, flooring, windows, light fixtures
  • Kitchen: Appliances, countertops, cabinets, sink
  • Bathroom: Toilet, tub/shower, vanity, tiles
  • Bedroom: Closet doors, flooring, walls, windows
  • Exterior: Lawn, landscaping, parking area, entry
  • General: Doors, locks, smoke detectors, HVAC filters
  • Document with dated photos for each area

How Landlords Should Document Damages

Proper documentation protects landlords from disputes and strengthens their position if challenged.

  • Conduct thorough move-in inspection with tenant present
  • Take timestamped photos of every room
  • Have tenant sign the move-in checklist
  • Keep records of property age and condition
  • Document any repairs made during tenancy
  • Conduct move-out walk-through with tenant
  • Get written acknowledgment of damages
  • Keep repair receipts and contractor invoices

Calculating Depreciation

Landlords can only charge for the remaining useful life of damaged items, not the full replacement cost.

  • Carpet: 5-10 year lifespan
  • Interior paint: 3-5 years
  • Appliances: 10-15 years
  • Window treatments: 3-5 years
  • Flooring: 10-20 years depending on type
  • Calculate: (Remaining Life / Total Life) x Replacement Cost
  • Keep records of when items were last replaced
  • Pro-rate charges based on actual depreciation

Frequently Asked Questions

Small nail holes from hanging pictures are generally considered normal wear and tear. However, large holes, multiple holes, or holes that require significant patching can be charged. The standard is typically nail holes that can be filled with a single dab of spackling.

Light soiling is normal wear, but heavy stains, pet urine, burns, or damage requiring replacement can be charged. Professional cleaning costs are typically deductible only if the tenant left the carpet excessively dirty beyond normal use.

No. Paint has a typical lifespan of 3-5 years. If the paint was 4 years old when you moved in and you lived there 1 year, the landlord cannot charge for repainting. Charges are only appropriate for damage beyond normal fading or marks.

Request an itemized list of all charges with receipts. If you disagree, send a written dispute letter. If the landlord does not return your deposit properly, you may be able to sue in small claims court. Many states award tenants double or triple damages for wrongful withholding.

This varies by state from 14 to 60 days after move-out. Landlords must return the deposit with an itemized statement of deductions within this time or may face penalties. Check your specific state law for deadlines.

Calculate Your Security Deposit Return

Use our calculator to estimate how much of your deposit you should receive back.

Security Deposit Calculator

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