This document is meant to provide a general overview of the different between wear and tear vs damage when doing a security deposit return.

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 Arizona Real Estate Commission manual.

“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.”

Damage can therefore be defined as deterioration which occurs due to negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant. HUD also provides guidance and specific examples (some referenced below) on this topic.

The following is a list of examples and is intended as a guide to 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 assessing damages in relation to deductions to a tenants security deposit. The longer a resident has resided in a property, the more allowance must be given for ‘wear and tear’ over damage. Every component in a home has a rental-life expectancy and this must be taken into account when charging for damage to these components.


Wear and Tear	Damages
Small nail holes caused by a 6 penny nail or smaller. A 6 penny nail is 2 inches long and is used for hanging picture frames and other items on walls	Large holes from hanging shelving, pictures, screws, wall anchors, flat screen television brackets or any other wall hanging that causes damage larger than a 6 penny nail

Faded paint	Spot painting and patching or touch up painting of any kind

Faded caulking around the bathtub and tiles	Missing caulking around the bathtub and tiles

Hard water deposits.	Buildup of dirt, mold, mildew, or water stains from a preventable or unreported water leak or drip

Worn out keys	Broken, lost or unreturned keys

Loose or stubborn door lock	Broken or missing locks

Loose hinges or handles on doors	Damage from a door from forced entry, or damage from using feet to open doors

Worn carpet traffic patterns	Torn, burned, stained, missing, ripped, scratched, or snagged carpet, pet damage

Faded finish on wood floors	Scratched, gouged, warped or water damaged wood floors

Linoleum worn thin	Linoleum with tears, chips or holes

Worn countertops due to daily use	Burned, cut, stained, scratched or water damaged countertops

Drywall cracks from settling	Holes in walls, doors, screens or windows from misuse, negligence, carelessness, accident, or abuse

Faded, chipped or cracked paint	Unapproved or poor tenant paint job

Loose wallpaper	Ripped or marked-up wallpaper

Worn or heat blistered mini-blinds	Broken, bent, cracked or missing slats, wands or hardware. Broken strings.

Dirty window and door screens	Torn or missing screens

Sticky window	Broken window

Loose or inoperable faucet handle	Broken or missing faucet handle

Running toilet	Broken toilet seat, tank top or chipped or cracked toilet bowl

Musty odor	Urine or pet odor throughout unit

Closet bi-fold door off track	Damaged or missing bi-fold door

Non-functioning smoke or CO detector	Missing or detached smoke detector or CO detector or missing batteries

Non-functioning light fixture	Missing, burnt out, or incorrect style light bulbs

Dry lawn	Lawn with pet urine spots, dead areas, excessive weeds


Non-functioning light fixture	Missing, burnt out, or incorrect style light bulbs

Slow draining drains	Drains that are clogged by hair, toys, or other non-flushable objects