Damage vs. wear and tear

Normal wear and tear or damage?

Security deposits can be used to repair damage caused by a resident, but Florida law stipulates that landlords cannot use the security deposit for items deemed as “normal wear and tear.” Since “normal wear and tear” is somewhat vague, any disputes between the landlord and tenant regarding charges against the security deposit may ultimately be settled in court. The key question is, what distinguishes normal wear and tear from damages?

The following list of examples serves as a guide for reasonably interpreting the differences between expected ‘wear and tear’ from typical residential use and actions that are irresponsible, intentional, or unintentional and result in property damage. Although this list is not exhaustive, it provides a good overview of the distinctions between normal wear and tear and damages.

Courts have determined that the duration of a tenant’s occupancy should also be considered when assessing damages related to deductions from a tenant’s security deposit. The longer a resident has lived in a property, the more allowance or pro-rations should be made for wear and tear.

Wear and Tear	Damages
Small nail holes caused by a nail or screw utilized to hang or secure standard pictures, frames and other items on walls.	Larger holes from hanging shelving, large pictures, wall anchors, toggle bolts, large TV brackets or any other wall hanging that causes damage larger than small typical fastener.
Faded, chipped or cracked paint due to normal and expected wear of paint or deterioration of sheen over time. Imperfections caused by normal residential use-scratches, small blemishes, small chips, etc.	Spot painting, excessive patching or mis-matched paint resulting from poor touch up painting, unapproved painting of any kind done by resident. Excessive wear to painted surfaces outside of what would typically be expected.
Faded/mildewed caulking, silicone or other sealants around the bathtub, tiles, sinks, countertops, vanities, etc.	Missing caulking around the bathtub and tiles, excessive mildew or water damage, unreported issues potentially.
Hard water deposits or stains in sinks, tubs, showers, etc.	Buildup of dirt, mold, mildew, or water stains from a preventable or unreported water leak or drip at a fixture or in wet areas or water damage to hard surface flooring resulting from unreported leak or issue.
Worn out or deteriorated finishes on deadbolts, locksets, handle sets, loose or stubborn door locks, loose hinges, handles, cabinet pulls, knobs, etc.	Broken, lost or unreturned keys, broken door locks, hinges, handles, cabinet pulls, knobs not resulting from normal wear and tear.
Door sticks in frame from settling or old/worn weather-stripping needing replacement.	Damage to a door, frame or trim from forced entry, pull-up bars, striking, etc.
Worn, matted carpeting in traffic areas resulting from the normal movement of people through a property.	Torn, burned, stained, missing, ripped, scratched or snagged carpet or any damage resulting from a pet, authorized or unauthorized. Excessive traffic wear and damage resulting from neglect or failure to take precautions to preserve flooring. Scratches in hard surfaces caused by pets, moving furniture, abuse, etc.
Faded or worn finish on wood floors, especially in traffic areas. Normal wear and tear on other flooring types such as linoleum, vinyl, LVP, laminate, etc.	Scratched, gouged, warped or water damaged wood floors or other flooring types resulting from resident negligence or abuse.
Worn countertops or cabinetry over time due to daily and typical use.	Burned, cut, stained, scratched or water damaged countertops, cabinets, vanities, etc.
Drywall cracks from settling	Holes in walls, drywall, doors, screens or windows from misuse, negligence, carelessness, accident, or abuse.
Loose wallpaper	Ripped or marked-up wallpaper
Worn, faded or heat blistered mini-blinds.	Broken, bent, cracked window coverings, missing slats, wands or hardware. Broken strings or any damage resulting from a pet.
Dirty window and door screens.	Torn or missing screens, bent frames, etc.
Sticky or worn window mechanicals	Broken windows, frames or abuse resulting in poor function.
Loose, worn or inoperable faucet handle	Broken, scratched, damaged or missing faucet handle
Running toilet	Broken toilet seat, tank top, handle or chipped, cracked or damaged toilet bowl, tank or seat.
Musty odor	Urine or pet odor throughout unit
Closet bi-fold door off track or needing adjustment	Damaged or missing bi-fold door, knob, track resulting in poor function.
Old, expired, or non-functioning smoke or CO detector (not resulting from damage)	Missing or detached smoke detector or CO detector or missing batteries
Non-functioning light or electrical fixture	Missing, burnt out, or incorrect style light bulbs or damage to a fixture resulting in non-function.
Dry, brown lawn or landscaping (not resulting from neglect or failure to water or tampering with irrigation or timer)	Lawn with pet urine spots, dead areas, excessive weeds, lack of irrigation as a result of neglect or tampering with irrigation or timer settings.
Slow/no draining drains	Drains that are clogged by hair, toys, or other non-flushable objects

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