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.

Security Deposit Basics

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.

What Damage Must a Tenant Pay For?

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.

• What was the condition of the rental when the tenant moved in? If something in the rental was damaged or dirty when the tenant moved in, and the tenant didn’t make the condition meaningfully worse, the landlord probably cannot charge the tenant for repair or cleaning. It can be useful for landlords to keep track of their rental condition through a walk-through checklist.
• How long has the tenant lived in the rental? The signs of ordinary wear and tear will be more obvious after a long tenancy than after a short one. For example, a tenant who lives in a rental for three years will likely cause more thin spots in the carpeting and scuffs on the wall than one who lives there only a year.
• Did the landlord already collect a nonrefundable cleaning fee? A landlord who charges a tenant a nonrefundable cleaning fee at the beginning of the tenancy can’t use a security deposit for cleaning expenses. If you’re a landlord considering charging a nonrefundable cleaning fee, make sure your state allows it (not all states do), and be confident that the amount you charge will cover all cleaning costs—even if the tenant leaves a big mess.

• Is the damage due to circumstances beyond the tenant’s control? Some damage might be more than ordinary wear and tear but not be the tenant’s full or partial responsibility. For example, when a toilet springs a leak and ruins the bathroom linoleum, the landlord probably can’t use the security deposit for fixing the toilet and replacing the flooring—unless the tenant caused the leak, didn’t report it, or didn’t otherwise taken reasonable steps to address it. Also, damage caused by a disaster (such as an intense hail storm or fire) likely isn’t the tenant’s responsibility. For such exceptional damage, the landlord’s (or perhaps even the renter’s) insurance policy might cover the costs of repair.
• Is the landlord partially to blame for the damage? Sometimes, both the landlord and the tenant share responsibility for damage. For example, if a landlord installs secondhand blinds in a window knowing that they’re in poor condition, and the tenant breaks them while trying to close them, it might be fair for the parties to split the cost of the repair.

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.

Common Examples of Ordinary—and Not-So-Ordinary—Wear and Tear

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:

• faded paint
• small nicks and marks on walls and trim
• thinning carpeting
• worn-out finish on older hardwood flooring
• warped cabinetry
• discoloration of older porcelain fixtures like sinks, tubs, and toilets
• moderately dirty mini blinds, and
• poor water pressure from mineral deposit buildup.

Damage that a landlord may use a security deposit for in most situations includes:

• writing and markings on walls and chipped paint
• gouges and holes in walls and trim
• pet urine stains and burns on carpeting
• large scrapes that cut through the finish on hardwood flooring
• broken cabinetry
• makeup or hair-dye stains on porcelain fixtures
• mini blinds caked with grime and grease, and
• toilets that won’t flush or drains that won’t empty because something is stuck in them.

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.