When renters vacate a property, they go through a move-out checklist and property inspection with the landlord. During this process, the landlord may notice faded paint on the walls, carpet or curtain fading, or stains on linoleum. This type of normal wear and tear on a rental property naturally occurs over time. Sometimes, however, these items go above the definition of wear and tear and result from the damage the renter causes.
What is normal wear and tear?
Normal wear and tear is a natural depreciation of a property resulting from a rental unit’s occupation. Depending on how long a renter has lived in a property, an apartment or house will show some aging signs. To make the apartment rentable again, a landlord makes repairs to account for minor wear and tear fixes and spruce up the property. With normal rental wear and tear, a landlord doesn’t have the right to use a renter’s security deposit to fix standard property aging issues.
If the property has extensive problems, such as a large hole in the wall or carpet burns, this damage goes beyond normal wear and tear. In the case of renter damage, the landlord has the right to use money from the security deposit to make the necessary repairs.
Signs of Normal Wear and Tear
Examples of normal wear and tear include the following:
- Slightly worn or faded carpet
- A few scrapes on the wood floor
- Faded curtains from sunlight
- Fraying of pull strings on blinds
- Slight paint scuffs on the walls
- Loose door or cabinet handles
- Silvering on bathroom mirrors
- Dirty or loose grout in the tile
- Light watermarks or cracks in laminate countertops
- Hard water or calcium stains in the sink, shower, bathtub, and toilet
Examples of Property Damage a Renter May Cause
Property damage a renter may cause could include:
- Burns in the carpet or curtains
- Large holes in the wall or floor
- Pet urine stains on the carpet or floor
- Doors or cabinets off their hinges
- A broken refrigerator shelf
- Water damage from houseplants
- Water damage from a window left open during storms
- Missing or damaged blinds
- Broken appliances
- Broken windows or ripped screens
- Badly chipped enamel on the bathtub or sinks
- Cigarette burns on laminate countertops
- Clogged toilet because of improper use
- Markings on the walls from crayons, markers, or makeup
- Chipped, broken, or missing tiles
- Broken bathroom mirror
The Importance of a Move-In and Move-Out Checklist
Both the renter and landlord should refer to a move-in and move-out checklist to understand what is considered normal wear and tear on a rental property. Once the landlord has made the apartment rentable by deep cleaning, painting, repairing, or replacing broken items, the renter and landlord walk through the apartment with a checklist. They make a note of any issues and take photos of the property before the renter moves in. When the renter decides to move and gives a vacancy notice, the landlord should hold onto the security deposit until after a move-out property inspection to determine whether renter damage is present.
Both parties use the move-in checklist and create a move-out list to compare before and after wear and tear. If no damage beyond what constitutes normal wear and tear exists, then the landlord can return the full amount of the security deposit to the vacating renter. If the renter has caused damage, then the landlord can deduct the cost of repairs from the security deposit. Check with your state to understand the specific normal wear and tear landlord-tenant law.
Use Tenant Screening to Help Avoid Damage
A rental property is an investment, and the landlord wants to make sure that it’s in the best condition possible to attract responsible renters. When landlords screen renters, they look at their credit scores, work history, and rental history, including evictions. During the screening process, the landlord should examine the individual’s rental history for evictions due to property damage.
Keep in mind that a landlord can’t discriminate against a renter based on criteria outlined in the federal Fair Housing Act. If the potential renter has a poor rental and work history, has had an eviction, or can’t show proof of income, the landlord can disqualify them. Always check with local and federal laws regarding tenant screening and disqualification.
Life Expectancy of Features in a Rental Property
All appliances and amenities in an apartment or house have a life expectancy, and responsible landlords should replace them before or when the time frame arrives. Discover some examples of the life expectancy of everyday items:
- Paint: Two to three years
- Carpets: Five to 10 years
- Windows: 15 to 20 years
- Water heater: 10 to 15 years
- HVAC equipment: 10 to 15 years
- Hardwood flooring: 20 to 25 years
- Tile floors and counters: 15 to 20 years
- Laminate countertops: About 20 years, depending on the material quality
Routine Maintenance Between Renters
The landlord is responsible for maintaining the property so that it’s habitable. If a leaking roof causes water damage that goes unrepaired, the renter shouldn’t have to pay for the damage. Routine maintenance by the landlord includes repainting the walls if necessary, cleaning the carpets, repairing broken appliances and hardware, and making sure all plumbing and electrical fixtures work correctly. Keeping your property in good shape will help you identify normal wear and tear versus property damage.
Using a move-in and move-out checklist and property inspection are the best ways to ensure that both the landlord and the renter identify normal wear and tear items. You can take photos of the property before the renter moves in and after moving out to compare the property condition. This visual and written checklist helps the landlord determine what’s normal wear and tear for rentals and any property damage caused by a renter.
What Counts as Damage in a Rental?
In contrast to normal wear and tear, you are not responsible for footing the bill when it comes to excessive tenant damage. Above-average levels of destruction usually come from renter negligence and making the necessary repairs typically costs more than regular maintenance. That means you can expect your renters to cover the cost of any damage they’ve caused.
Use these HUD guidelines as a starting point for your own list of renter damage:
- Walls: Stained or torn wallpaper, nonapproved drawings or markings, and holes in plaster or drywall
- Floors: Tears, burns, or permanent stains in carpeting and chips or gouges in hardwood floors
- Ceilings: Holes due to missing fixtures
- Doors: Interior or exterior doors removed from hinges
- Windows: Broken or missing glass and missing shades or blinds
- Plumbing: Severely clogged pipes or long-term plumbing system damage
- Bathrooms: Missing or cracked tiles, clogged toilets, and chipped enamel in bathtubs or sinks
How to Get Compensation for Excessive Tenant Damage
If your renters have caused excessive damage, it’s your responsibility to seek reimbursement. Follow these 5 steps to get compensation from your renters.
1. Note the Property Condition When Renters Move In
If you don’t have a record of how the property looked before your renters moved in, you might not be able to get reimbursed for damages. That’s why it’s essential to arrange a property inspection when renters move in.
Create a rental inspection checklist that includes bathrooms as well as walls, floors, ceilings, doors, and windows for each room. Then ask your renters to use the checklist to complete an inspection. Ask them to mark off preexisting damage and submit photos. Require them to sign and return the checklist within a few days of moving into the unit.
2. Inspect the Property When Renters Move Out
Before your renters move out, talk with them to schedule a property inspection. Ideally, you should do the inspection after your renters have removed their belongings so you can see each room clearly and to avoid the risk of additional damage during the move-out process. You should also plan to do the inspection together with your renters so you can confirm any excessive damage.
When you go to inspect the unit, have a copy of the property checklist on hand. Ignore normal wear and tear, but mark off excessive tenant damage to the property. Take photos of any damage you spot so you can keep a record of the property condition.
3. Compare the Unit Condition Before and After Each Renter
Next, compare the checklist that your renter provided at the time of move in to the one you completed when they moved out. If any of the issues you noted also appear in your renter’s original checklist, compare the before and after photos to confirm whether they meet the definition of damage.
If you noted any issues that don’t appear on your renter’s original checklist, review the guidelines above. Determine whether the issues are the result of normal wear and tear or if they constitute excessive tenant damage.
4. Calculate the Damages
For each issue that you identify as excessive tenant damage, make note of what you have to spend to fix it. For example, you can keep track of the cost of replacing broken windows or torn carpet, fixing plumbing systems, installing new wallpaper, or repairing bathroom tiles or fixtures. After completing all the work necessary to prepare the unit for your next renters, add up the total cost of repairs.
5. Deduct Money From the Security Deposit
In most cases, you can deduct the total cost of repairs from your renter’s security deposit. Review your lease agreement to make sure it allows you to deduct money from the security deposit before proceeding. If necessary, bill your renters for any damage-related costs that exceed the amount of the security deposit.
Every landlord has to deal with property damage, but if you plan ahead, you can make the process as simple as possible for you and your renters. Keep these tips handy so you can maintain property records and get the compensation you deserve.
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