Simone Lawson
The distinction between normal wear and tear and damage is a common issue for landlords and tenants. Normal wear and tear refer to the deterioration of a rental unit under normal use, where a tenant takes reasonable care of the premises. This includes holes in the wall, nail holes, chips, smudges, dents, scrapes, scuffs, or cracks in the walls. However, large holes in the wall that go beyond small nail holes are not considered normal wear and tear, and tenants must properly repair them or bear the cost of repairs.
| Characteristics | Values |
|---|---|
| Definition | Normal wear and tear refer to the deterioration of a rental unit under normal use where a tenant takes reasonable care of the premises. |
| Examples | Nail holes, chips, smudges, dents, scrapes, scuffs, or cracks in the walls, faded paint or slightly torn, faded wallpaper, faded or worn carpet areas or scuffed wood floors, doors that stick or cabinet doors that become warped over time, loose or chipped grout in tiles, etc. |
| Damages | Large holes in the wall, unapproved changes to the property, tears, holes, or large stains in the carpet, wood floors that are deeply scratched or chipped, broken doors or windows, missing or cracked bathroom tiles, broken or cracked mirrors, etc. |
| Tenant's responsibility | A tenant may be charged for cleaning where the tenant has caused filth beyond ordinary use. |
| Landlord's responsibility | As the landlord, you must have the premises professionally cleaned when in-between tenants. |
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What You'll Learn
Nail holes are considered normal wear and tear by HUD
As per the Department of Housing and Urban Development (HUD), nail holes in the walls are considered normal wear and tear. However, it is reasonable to classify large screw holes or multiple nail holes that cause damage to the paint or drywall as property damage.
According to HUD guidelines, "normal wear and tear means that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests."
In other words, normal wear and tear refer to the gradual deterioration of a rental property and its fixtures that occur due to ordinary, everyday use. It is the natural aging of materials and surfaces over time, which landlords are typically responsible for maintaining. For example, painted walls will always show wear after a few years, depending on the color and quality. Repainting should occur every three to five years. You can expect fading from sunlight exposure, scuffs, and peeling as standard wear and tear.
While state laws restrict landlords from deducting for normal wear and tear, they can use funds for cleaning fees. In California, landlords may only deduct for repairing damage other than standard wear and tear on rental properties. Most states don’t have a specific limit for how much landlords can charge for damages; only the amount must be reasonable and itemized in a receipt. While the deduction amount may vary state by state, landlords can deduct from the deposit for any property damages and cleaning fees required after a renter moves out.
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Small picture hooks are generally acceptable
Small picture hooks are generally considered acceptable and are classified as normal wear and tear. However, it is essential to understand the distinction between normal wear and tear and excessive damage, as the latter may result in financial liability for tenants.
Normal wear and tear refer to the unavoidable deterioration of a rental property resulting from its standard use and occupancy. This includes minor issues such as nail holes, chips, dents, scraps, scuffs, cracks in the walls, and faded or peeling paint. These issues are typically addressed during routine maintenance and repainting, which is expected to occur approximately every three to five years.
Excessive damage, on the other hand, is often caused by negligence, abuse, or carelessness by the tenant or their guests. This includes large holes in the wall, which are not considered normal wear and tear. Tenants creating large holes in the wall, for example, by using large masonry nails to hang pictures, may be financially responsible for repairing the damage.
To avoid disputes, tenants should promptly notify the landlord of any required repairs and document the property's condition before and after their tenancy. Landlords should also set clear guidelines and expectations for tenants to minimise unnecessary damage and properly define normal wear and tear.
While small picture hooks are generally acceptable, tenants should be mindful of the number and size of nail holes they create. A large number of nail holes or excessively large holes may result in damage beyond normal wear and tear, for which tenants may be liable.
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Large holes in the wall are not considered normal wear and tear
While nail holes in the wall are considered normal wear and tear, large holes in the wall are not. Normal wear and tear refer to the deterioration of a rental unit under normal use, where a tenant takes reasonable care of the premises. This includes holes in the wall from nails and pins, ripped or faded wallpaper, peeling or cracked paint, and clogged sinks resulting from old plumbing, among other examples. However, large holes in the wall caused by tenants drilling through drywall, hammering too hard, or using large masonry nails to hang pictures are considered property damage.
The distinction between normal wear and tear and excessive tenant damage is often blurred, and what constitutes these terms can vary from person to person. For example, while small nail holes from hanging pictures may be considered acceptable, anything bigger that makes a more noticeable hole may not be. Tenants are generally responsible for repairing any damage beyond normal wear and tear, and landlords may deduct from their security deposit to cover these repairs.
To avoid disputes, landlords should clearly define normal wear and tear and set guidelines and expectations for their tenants. This includes conducting a walkthrough inspection with the tenant before they move in and documenting the condition of the property. During the tenancy, tenants should promptly notify the landlord of any items in need of repair to avoid being held responsible for extensive damage later.
After a tenant moves out, landlords must decide what repairs are necessary and provide the tenant with an itemized list of deductions, copies of receipts, and photos of the damage. By following these steps, landlords can help ensure they do not run into issues when withholding a portion of a tenant's security deposit for repairs.
In conclusion, while nail holes in the wall are typically considered normal wear and tear, large holes in the wall caused by tenant negligence or carelessness are not. To navigate the grey area between normal wear and tear and excessive damage, landlords and tenants should communicate expectations, document the condition of the property, and address repairs in a timely and transparent manner.
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Landlord attitudes vary from strict to lenient
Some landlords take a strict approach, particularly if they have been burned by previous tenants who caused extensive damage or failed to pay rent. For instance, during the pandemic, some landlords faced financial difficulties when tenants did not pay rent, and eviction processes were challenging. As a result, these landlords may become more selective and stringent in their tenant screening and lease terms. They may also be more inclined to classify certain types of damage as excessive rather than normal wear and tear.
On the other hand, many landlords adopt a more lenient approach, focusing on maintaining a positive relationship with their tenants and ensuring their comfort and happiness. These landlords understand that some wear and tear is inevitable and are willing to make reasonable accommodations for their tenants. They prioritize long-term tenants and are willing to be flexible, as exemplified by a landlord who allowed a tenant to break their lease without involving lawyers or causing unnecessary friction.
The definition of "normal wear and tear" can vary from person to person and is often a blurred line. State laws provide a framework, but the specifics can differ. For example, nail holes from hanging pictures are generally considered normal wear and tear, but large screw holes or multiple nail holes that damage paint or drywall may be classified as property damage.
To navigate the grey areas, landlords can set guidelines and expectations for tenants to minimize misunderstandings and potential disputes. Transparent communication, clear lease agreements, and professional property management can help landlords strike a balance between maintaining their rental business and fostering positive tenant relationships.
Additionally, landlords can outsource professional cleaning services to ensure the property is in pristine condition between tenants, allowing them to more clearly define normal wear and tear and set expectations for incoming tenants. While landlords cannot bill tenants for regular cleaning fees, they can pass on any additional charges incurred due to the tenant's negligence, such as never cleaning the unit during their tenancy.
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The difference between normal wear and tear and damage is blurred
The line between normal wear and tear and property damage is often blurred, especially in the case of rented properties. Normal wear and tear refer to the deterioration of a property resulting from everyday use and exposure. This includes ripped or faded wallpaper, peeling or cracked paint, holes in the wall (including small nail holes and pins), cracks in the walls, and lightly damaged enamel in the bathroom, among other things.
Property damage, on the other hand, is significant and goes beyond the reasonable effects of everyday use. It often results from a tenant's abuse, negligence, or carelessness and comes with a costly price tag. For instance, holes in the walls or plasterboard caused by a tenant may be considered property damage.
The distinction between the two can be confusing for both landlords and tenants. Landlords must understand that wear and tear is inevitable in any living space and should be prepared to address minor issues to keep the property in good condition. They can also include guidelines and expectations for tenants in the lease agreement to reduce unnecessary damage.
Tenants can protect themselves from being unfairly charged for normal wear and tear by documenting the property's condition during a walk-through inspection. Small nail holes from hanging pictures are generally considered normal wear and tear, but larger holes or multiple nail holes that damage the paint or drywall may be classified as property damage.
To avoid disputes, landlords and tenants should communicate clearly and work together to address any issues that arise.
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Frequently asked questions
Nail holes are generally considered normal wear and tear, according to HUD guidelines. However, large screw holes or multiple nail holes that cause damage to paint or drywall can be classified as property damage.
Normal wear and tear refer to the unavoidable deterioration of a rental unit resulting from normal use and reasonable care by the tenant. Damage, on the other hand, is caused by negligence, abuse, or carelessness, and goes beyond normal wear and tear in terms of severity and cost of repair.
Examples of normal wear and tear include faded paint, torn or faded wallpaper, cracked walls, cabinet doors sticking, thin or worn carpets, and clogged sinks due to old plumbing.
