Deductions

Normal wear and tear vs. damage: what your landlord can deduct

Deposit laws let a landlord keep money for real damage, not for the ordinary aging of an apartment that someone lived in. Here's where the line usually falls, and how to push back on charges that cross it.

Checked against the official text on October 30, 2026 · How we check the law

The rule

Normal wear and tear is the deterioration that comes from ordinary, careful living over time. Damage is harm beyond that, from an accident, misuse or neglect, by you, your guests or your pets. Deposit laws in every state we cover bar charging tenants for the first:

California bars claims for ordinary wear and tear or its cumulative effects, and for conditions that existed before you moved in (Civ. Code § 1950.5(e)(2)(A)).
Texas: “The landlord may not retain any portion of a security deposit to cover normal wear and tear” (Prop. Code § 92.104(b)).
New York bars deductions for ordinary wear and tear and for damage caused by a prior tenant (Gen. Oblig. Law § 7-108(1-a)(b)).
Illinois allows lease-specified charges only for damage beyond normal wear and tear (765 ILCS 710/1(a)); Chicago excludes reasonable wear and tear from repair deductions (Municipal Code § 5-12-080(d)(2)).
Florida's statute sets the notice process rather than listing deductions; a claim still has to be for amounts you actually owe or damage you caused.

Common charges, item by item

General patterns, not guarantees: a judge looks at the facts, the age of the item and your move-in condition.

	Usually wear and tear	Usually damage
Paint	Faded, dulled or lightly scuffed walls after ordinary living	Large stains, marker or crayon, smoke damage, or colors you painted without permission
Nail holes	A few small nail or tack holes from hanging pictures	Many large holes, anchors torn out, or drywall that needs patching
Carpet	Worn paths, matting and fading from age and normal use	Stains, burns, tears, or pet urine and damage
Floors	Light surface scratches and a dull finish	Deep gouges, burns, or water damage from a spill left unattended
Cleaning	Everyday dust; landlords can't charge to make it better than at move-in	Trash left behind, heavy grease, or a unit much dirtier than you received it
Blinds and curtains	Sun fading, worn cords	Bent or broken slats, torn fabric
Fixtures and hardware	Loose handles, worn grout, aging faucets	Fixtures broken by misuse or removed
Appliances	Wear from normal use and age	Damage from misuse, like a broken shelf or burned cooktop
Keys and locks	Worn locks	Keys not returned, if the lease makes you responsible for rekeying

Age and depreciation

Paint, carpet and appliances have a limited life. If a landlord replaces something that was already near the end of its life, many courts won't let them charge the departing tenant the full cost of a new one. Ask how old the item was, and whether the charge is for repair or for an upgrade.

California makes the limit explicit: charges for work and materials are limited to a reasonable amount necessary to restore the unit to its condition at the start of the tenancy, exclusive of ordinary wear and tear (Civ. Code § 1950.5(e)(2)(B)).

Got a list of deductions you don't agree with?

Your letter disputes each charge that doesn't hold up, cites your state's statute and sets a date to pay. See it free before you decide.

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How to dispute a deduction

Get the list in writing. Most states require an itemized statement, and California and Illinois require receipts too.
Compare it with your move-in condition. Move-in checklists, photos and e-mails from the start of your lease are your best evidence.
Gather your move-out evidence. Photos or video of every room, with dates.
Dispute each charge in writing. Say which charges are wear and tear, which were pre-existing and which lack receipts, and ask for payment by a set date. Send it by Certified Mail.
If they don't pay, go to small claims court. In several states the landlord must prove each deduction was reasonable.

Your state's rules

Questions

Can a landlord charge for repainting after I move out?

Not for ordinary repainting after a normal tenancy: fading and light scuffs are wear and tear. They may charge for paint damage beyond that, like large stains or unauthorized colors, at a reasonable cost.

Can my landlord charge for carpet cleaning?

Only when the carpet is dirtier or more damaged than normal use explains. California's statute says so expressly: no charge for professional carpet cleaning unless it's reasonably necessary to return the unit to its move-in condition, exclusive of ordinary wear and tear (Civ. Code § 1950.5(e)(2)(C)).

Are nail holes normal wear and tear?

A few small nail holes from hanging pictures are generally treated as normal wear and tear. Many large holes or damaged drywall are more likely to be treated as damage.

Can I be charged the full cost of new carpet?

Carpet, paint and appliances wear out over time anyway. Many courts consider their age and expected life, so a landlord replacing old carpet usually can't put the whole price of new carpet on the last tenant.

Who has to prove a deduction was fair?

In California, Texas and New York, the statute puts the burden on the landlord to prove the amounts kept were reasonable. In Illinois, the landlord must back damage charges with paid receipts.

Sources

General information about the law, not legal advice. Laws change and courts decide cases on their facts; for advice about your situation, talk to a licensed attorney in your state. Instant Legal Letters is a self-help writing tool, not a law firm.