Landlords cannot use tenants’ security deposits to cover the costs of cleaning and repair due to ordinary wear and tear. Not surprisingly, though, landlords and tenants often disagree about the cause of damage or dirt in a rental, and sometimes end up in court fighting over the security deposit. Although it isn’t always crystal clear whether the landlord or tenant is right, the following guidelines and examples can help you determine when a landlord can—and cannot—properly deduct repair costs from a security deposit.
Landlords collect security deposits to cover the cost of remedying damages or excessive filth tenants cause, as well as to provide a financial cushion in the event tenants move out without paying all their rent. Many state laws (and some local ordinances) limit security deposits to the equivalent of one or two months’ rent. Often, these laws also set a time frame for the return of security deposits, and require documentation or itemization for any money withheld.
Landlords may not use security deposits for upgrades, remodels, or routine cleaning and maintenance. Rather, they can use security deposits for cleaning or repairs that are actually necessary to remedy filth or damage that is more than ordinary wear and tear.
In general, ordinary wear and tear is deterioration or damage that happens as a result of tenants living in and using a rental in a reasonable manner. For example, over time, carpeting wears out, appliances die or need repairs, and paint colors fade—despite residents’ proper use. The concept of ordinary wear and tear is somewhat murky, leading to frequent disagreements between landlords and tenants over who’s responsible for the cost of repairs. And sometimes renters and property owners disagree more about who is responsible for damage than they do about whether it is “ordinary.”
The answers to the following questions can help determine (if not actually determine) whether a landlord may legally use a tenant’s security deposit for repairs or cleaning.
Even when you have answers to these questions, it can be difficult to determine whether damage is the tenant’s responsibility. If you’re in a security deposit dispute where it’s unclear who is liable for damage and a good chunk of money is at stake, you might want to consult with a local landlord-tenant attorney.
In addition to the questions above, the examples below might help you discern ordinary wear and tear from unordinary damage warranting a security deposit deduction.
Ordinary wear and tear for which a landlord usually can’t charge a tenant includes:
Damage that a landlord may use a security deposit for in most situations includes:
Of course, many other kinds of property conditions can lead to ordinary-wear-and-tear debates between landlords and tenants. If you’re in a dispute over who’s on the hook for damage or filth, consider contacting a local landlord-tenant attorney. An attorney can give you an opinion about the facts of your situation and explain the applicable law.
Ultimately, if you can’t reach an agreement with your landlord, you might have no choice but to sue for the return of your security deposit. For disputes over relatively small amounts of money, a lawsuit in small claims court might be your best option (most small claims courts only decide cases where no more than $2,000 to $10,000 is at stake). If your dispute is over more money than your small claims court’s limit, consider hiring an attorney to represent you—bringing a lawsuit in a court other than small claims can be complicated.