Written by Mark Kallus, Owner & Broker
RentLife® Property Management
MPM® | RMP® | TRPM® | TRLS®
Houston’s Local Property Management Experts
Wear and Tear vs. Damages
Security deposits can be used to repair damage for which a resident is responsible. However, the landlord cannot apply the security deposit to normal wear and tear. The question is: “What’s the difference?”
NORMAL WEAR AND TEAR DEFINED
The legal definition of “normal wear and tear” as stated in the Texas Property Code Title 8. Landlord and Tenant, Chapter 92. Residential Tenancies, Subchapter A. General Provisions:
“Normal wear and tear” means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant’s household, or by a guest or invitee of the tenant.
Damage can be defined as deterioration, which occurs due to negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or member of his household or their invitees or guests.
Notice that normal wear and tear does not include dirt – excessive dirt is considered negligence, carelessness, accident, or abuse.
The following incomplete list of examples is intended as a guide to a reasonable interpretation of the differences between expected ‘wear and tear’ from normal residential use and irresponsible, intentional, or unintentional actions that cause damage to a landlord’s property.
Courts have also ruled that the length of time a tenant has occupied a property must also be taken into consideration when accessing damages; therefore, deductions to a tenant’s security deposit. The longer a resident has resided in a property, the more allowance must be given for ‘wear and tear’ over the damage.
| Wear and Tear | Damages |
|
Large holes from hanging shelving, pictures, screws, wall anchors, flat-screen television brackets or any other wall hanging that cause damage larger than a 6 penny nail |
|
Spot painting and patching or touch up painting of any kind |
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Missing caulking around the bathtub and tiles |
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The buildup of dirt, mold, mildew, or water stains from a preventable or unreported water leak or drip |
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Broken, lost or unreturned keys |
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Broken or missing locks |
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Damage from a door from forced entry, or damage from using feet to open doors |
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Torn, burned, stained, missing, ripped, scratched, or snagged carpet, pet damage |
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Scratched, gouged, warped or water damaged wood floors |
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Linoleum with tears, chips or holes |
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Burned, cut, stained, scratched or water damaged countertops |
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Holes in walls, doors, screens or windows from misuse, negligence, carelessness, accident, or abuse |
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The unapproved or poor tenant paint job |
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Ripped or marked-up wallpaper |
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Broken, bent, cracked, or missing slats, wands or hardware. Broken strings. |
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Torn or missing screens |
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Broken window |
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The broken or missing faucet handle |
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Broken toilet seat, tank top or chipped or cracked toilet bowl |
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Urine or pet odor throughout the unit |
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Damaged or missing bi-fold door |
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A missing or detached smoke detector or CO detector or missing batteries |
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Missing, burnt out, or incorrect style light bulbs |
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Lawn with pet urine spots, dead areas,
excessive weeds |
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Missing, burnt out, or incorrect style light bulbs |
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Lawn with pet urine spots, dead areas,
excessive weeds |
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Drains that are clogged by hair, toys, or other non-flushable objects |