What is normal wear and tear?
The most common dispute between landlords and tenants is due to unfair deductions from the security deposit. Florida law allows deduction of damages from the security deposit except for normal wear and tear. Unfortunately, many landlords and tenants are unsure what normal wear and tear means.
Normal wear and tear is any damage, for the lack of a better word, that has happened due to the normal and reasonable use of the rental property.
This is best explained by an example. If a door handle has become loose due to opening and closing the door, this is considered “normal wear and tear”. If the door has a hole in it because someone kicked it, this is damage. Kicking a door is not a normal use, although some people may disagree with me.
Here are more examples of normal wear and tear vs damage.
Are broken blinds damage or normal wear and tear?
This is a difficult determination because blinds with time and use become brittle and it’s very easy to tear a cord and break a slat when opening and closing a blind. The cheapest aluminum blinds are also very easy to bend when cleaning.
The normal life of blinds is around seven to eight years with gentle use for wood and faux-wood blinds and 5-6 years for aluminum blinds.
Old, worn-out blinds may be warped and misshapen. This is caused by heat and humidity and is definitely normal wear and tear.
Old age can also destroy the lifting mechanism and the cords, making it difficult to open and close, this is also normal wear and tear.
When you are deciding whether the damage is normal wear and tear and due to normal use, consider the age of the blinds. If the blinds are newer and you have a broken lift mechanism and slats, I consider this damage.
It’s important to remember that even if something is damaged, you can’t deduct the entire replacement cost of the item. For example, if a broken blind is 6 years old and costs $45 new, you need to prorate the amount you can deduct. If the item is expected to last 8 years, and the blind is 6 years, you can only deduct $11 from the deposit. That’s the value of the useful life left.
What is normal wear and tear on carpet?
If the carpet has holes and burns in it or stains, this is definitely damage. The law also allows for deduction due to extraordinary dirty carpets.
However, if the carpet looks matted, the color has faded and it has ripples and wrinkles, this is due to normal wear and tear.
The life expectancy of a builder-grade carpet is five years with heavy use. You have to prorate damages based on that.
Can a deduction be made for carpet cleaning? Unless the carpet is extraordinarily dirty or the lease has language that requires the tenant to professionally clean the carpet, the expectation is that the property will be returned in a broom-clean condition.
Are nail holes normal wear and tear?
What is reasonable use of the property as it pertains to hanging pictures? While it may be reasonable to have one or two small holes on the wall, having 20 large holes is damage.
What is normal wear and tear on appliances?
Consider how you use appliances on a daily basis. If something breaks from using it reasonably, it’s normal wear and tear. A very common wear and tear damage is a broken microwave handle. This usually happens with older microwaves, the mounting can become brittle and break off.
Broken refrigerator shelves on the other hand are most likely damage.
A landlord can charge for extraordinary cleaning. I have seen residential kitchens that required the use of a professional-grade steamer to get the grease cleaned
Is dirty grout normal wear and tear?
A landlord can deduct from the deposit for extraordinarily dirty grout. T
What is considered normal wear and tear on kitchen cabinets and furniture?
Kitchen cabinets doors become loose, they can start delaminating, handles can break off if the cabinets are too old. All of this is normal wear and tear.
An example of damage will be the bottom of a cabinet under the kitchen sink that is rotten because the tenant didn’t report a leak.
Broken front of a drawer, if the cabinets are fairly new. Any damage due to unreported leak.
Stains on furniture and countertops are damage.
Kitchen cabinets especially if they are wood have an average life of 50 years.
When something is considered damage, what can a landlord deduct from the deposit?
Here is a list of the average life expectancy of most major appliances and fixtures. This list has been provided by the manufacturers and it’s a good reference point to calculate deductions for damages.
It’s a common misconception that if something has been damaged, the replacement value of that item can be deducted from the security deposit.
Deductions should be made from the useful life left of the item.
For example, a sink faucet was broken, the average life expectancy is 15 years for a good faucet. If the replacement value is $200 and the faucet is 5 years old.
$200 divided by 15, equals $13 per year. If that faucet had 10 more years left, the landlord can deduct $130 from the security deposit.
I hope this clarified the definition of wear and tear and what deduction can be made from the tenant’s deposits.
