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.
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