My Landlord Is Keeping A Portion Of My Security Deposit For "wear And Tear." Can The Landlord Do This?

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My Landlord Is Keeping A Portion Of My Security Deposit For "wear And Tear." Can The Landlord Do This?

A landlord normally may not withhold all or part of the deposit for the replacement or repair of items within the unit due to "normal wear and tear." There is no precise definition for what constitutes "normal wear and tear," but it generally means the simple wearing down of an item as a result of the normal use or aging of the item. One way the amount of "normal wear and tear" is commonly calculated is by determining the "useful life" of the item. For example if a particular type of carpeting is installed at the beginning of a rental and it generally has to be replaced every 10 years at a cost of $1000, but due to heavy wear or damage the carpeting has to be replaced after only 8 years, then the landlord may not charge the tenant the entire $1000 to replace the carpet. Rather, the landlord would probably be able to charge the tenant only $200 - for the two years worth of life that would have been left on the carpet under "normal wear and tear" conditions.

Other Security Deposit FAQs

Q: Are Security Deposits Required?
A: In most states, a landlord has the option of requiring a security deposit. Most landlords choose to require a security deposit in order to help ensure that the … More
Q: What States Do Not Require A Landlord To Return A Tenant's Security Deposit Within A Set Period Of Time?
A: Neither Tennessee or West Virginia have a law that requires a landlord to return a tenant's security deposit within a set time period.
Q: Should I Do A Formal Inspection Before I Move In And Move Out?
A: Where a refundable deposit is based upon the condition of the property, it is a good idea (and is often required by state law) for the landlord to … More