A successful rental business is based on a fine balance between landlords’ and tenants’ rights and responsibilities. One of the key aspects of rental business that typically provokes discussion and confusion is the principle of “normal wear and tear when renting” and its effects on security deposit deductions and maintenance of the property. In fact, a lot of landlords and renters have difficulties identifying normal (ordinary) wear and tear. This happens due to the fact that what may seem dingy to one person may appear in perfect condition to the other.
Landlord’s Guide to Understanding the Difference Between Normal Wear and Tear and Tenant Damage
If you are a landlord in California who owns a long-term or vacation rental property, this guide is intended for you. In this article, we provide the definitions and examples of normal wear and tear vs damages in the state of California. In addition, we have included helpful advice on how to determine the difference between the two, as well as information on life expectancy of appliances according to HUD. Finally, you will discover how professional property management agency can help you and protect you against costly repairs or legal battles.
Table of Contents
What is considered normal wear and tear?
What is tenant damage in California?
The difference between damage and ordinary wear & tear
Normal wear & tear vs. damage: Examples
Life expectancy of rental property features
Prevent damage by hiring professionals who will screen your tenants
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What Is Considered Normal Wear And Tear?
It is important for landlords to clearly understand what normal wear and tear is in order to effectively manage their business. By having a full comprehension of what normal depreciation is, you, as a landlord in California, will be able to:
- easily and accurately calculate the cost of responsibility
- manage security deposits
- avoid legal conflicts
While it’s unrealistic to ask your renters to maintain the unit as pristine as it was when they first started living there, you do expect them to treat the property with respect and care.
Normal (ordinary) wear and tear represents the inevitable deterioration of property as a result of natural use by the tenant, from just living on the premises. Tenants are not responsible for cleaning, repair, or replacements of ordinary wear and tear. On the other hand, if the damages occurs due to negligence or misuse, you can use security deposit to cover the expenses of repair or replacement. Since disputes over security deposits can get contentious, it is best to define the specifics of natural wear and tear in the lease agreement itself. This way, both you and the tenants will have thorough understanding of types of damages.
Examples of ordinary wear and tear
According to the US Department of Housing and Urban Development (HUD), the following examples constitute routine use:
- A few minor nail holes, pin holes, or cracks in walls
- Small chips in plaster, scuffs or smudges
- Slightly faded or torn wallpaper
- Faded, peeling, or cracked wall paint
- Faded or worn thin carpets
- Small scuffs on wood floors
- Loose door and cabinet handles
- Scratched or worn enamel on old bathroom fixtures (sink, bathtub, toilet)
- Worn kitchen countertops
- Dirty or faded lamps, window shades, and mini-blinds
- Leaky faucets or rusty shower rods
- Clogged sinks caused by old plumbing
For a complete list, refer to Appendix 5C of the US Department of Housing and Urban Development.
What Is Tenant Damage In California?
If you aim to avoid unnecessary disputes, and preserve positive rental experience and professional relationship with your tenants, it is critical for both parties to understand what is classified as damage. While wear and tear is natural degradation over the course of time, damage is caused by tenant negligence, misuse, or deliberate actions. When your renter damages the property beyond ordinary use, you may hold them responsible for the expenses of cleaning or repair. This may also include damages caused by your tenants’ guests or their pets.
3 types of damages caused by tenants
The most common damages can be divided into three main groups:
Negligence
If a renter causes damage to your property due to carelessness and fails to prevent it, it is classified as negligence. For instance, the tenant does not report to the landlord that a window crack is letting the water in which then damages the walls, floors, or carpets. This would be regarded as negligence.
Misuse (Abuse)
When the tenant intentionally mistreats the rental, the damage he or she causes is treated as misuse. For example, sliding furniture over unprotected floors can eventually cause floor gouges. Leaking water from planters can cause rust and mildew stains on carpets and floors.
Mistake (Accident)
In certain instances, damage is caused by accident. For instance, while cleaning, the tenant accidently breaks your light fixture. Even though there was no intention of breaking, the tenant is still responsible for covering the costs of repair or replacement.
Examples of tenant damages
Intentional damage caused by tenants, their pets, and their guests include the following:
- Large and excessive holes and cracks in walls or plaster
- Gouged wood floors
- Missing or cracked floor or wall tiles
- Chipped or broken enamel in bathrooms
- Clogged toilets and sinks due to misuse
- Holes, burns, and stains in carpets
- Broken windows
- Crayon markings or wall coverings not approved by landlord
The Difference Between Damage And Ordinary Wear & Tear
One of the quickest and most effective ways of outlining the difference between regular wear and tear and tenant damages is to have a checklist as a reference during move-in inspection.
It should be thorough, detailed, and clear in order to avoid potential misunderstandings between you and renters. Use photos and videos for easier reference later on, as expressions such as “clogged” or “faded” might not be sufficient to explain the extent of damage in case a dispute is taken to court.
The check list will give you an overview of the condition of the rental before moving in and help you track any changes easier and faster.
To identify whether its natural damage or intentional, ask yourself questions such as:
- Is the appliance broken because of its age or due to carelessness?
- Is garbage disposal not operational because it is 20 years old or because there is a fork stuck in it?
- Are cracks in the walls caused by tenant’s negligence or because the building is settling?
IMPORTANT NOTE: As a landlord in California, keep in mind that that delayed (or lack of) maintenance will not constitute as tenant damage. For instance, leaking pipes that are not fixed promptly can destroy floors or cabinets, but tenant will not be responsible for covering the expenses of repair.
Evaluating factors
In order to establish whether it is normal or deliberate deterioration, review the following:
Damage extent
The type of damage may be as significant as the extent of the damage. For example, two minor nail holes are viewed as ordinary depreciation, but numerous holes may be considered as misuse/abuse. A missing floor tile is classified as negligence, etc.
Length of stay
Certain items normally wear out over the course of time. If you installed new window treatments before renting a property, it is fair to assume that everyday usage would leave signs of deterioration after years of stay. However, if a tenant remains in the unit for only a short period of time (2 or 3 months) the occurrence of ripped carpets would most likely be considered as tenant damage.
Building age
If you own a property in an older building, you may expect faster deterioration. For example, windowsills in older buildings may crack even without tenant negligence.
Normal Wear & Tear Vs Damage: Examples
To comprehend the difference between the two even better, look at these few examples:
Carpeting
- Natural wear and tear: Normal use would cause fading, thinning, flattening, matting, or peeling up around the corners.
- Damage: Spills, burns, stains, smells from pets, rips, tears, and similar issues.
Bathroom
- Natural wear and tear: Bathrooms normally age faster than other rooms due to continual exposure to heat and moisture. Over time with normal use, you can see rusty and mildewy bathtubs, faded tiles, and scratched walls.
- Damage: Unlike fading, chipped surfaces or breakages in bathrooms will typically be considered as intentional rather than natural damage. The same applies to broken toilet tank, or large floor stains caused by water leaks that are not caused by faulty piping but by renter’s carelessness.
Floors
- Wear and Tear: Worn finish, fading, and minor scratches on hardwood floors.
- Damage: Water damage, permanent stains, gouges, and deep scratches caused by improper furniture moving or pet claws will result in security deposit deductions.
Walls
- Natural wear and tear: Fingerprints and small scratches and holes on wall coverings
- Damage: Large stains, inordinate number of holes, broken molding, drawings, crayon markings, large holes on walls, plaster, and wallpapers.
Life Expectancy of Rental Property Features
Many household items have a predictable life span. By budgeting in advance for these expectancies you will ensure your property is fully operational and in optimal condition at all times.
In case the items listed have been in optimal condition upon move in, but are showing damage beyond natural wear and tear upon moving out, you can submit damage claim.
- According to HUD, this is life expectancy for common appliances:
- Hot Water Heaters – 10 years
- Plush Carpeting – 5 to 7 years
- Air Conditioning – 10 years
- Gas range – 20 years
- Refrigerator – 10 years
- Interior Painting – 3 to 5 years
- Tiles/Linoleum – 5 to 7 years
- Window treatments (shades, screens, blinds) – 3 years
Prevent Tenant Damage By Hiring Professionals Who Will Screen Your Tenants & Protect Your Rights
To protect yourself from intentional property damages and expensive legal disputes, join forces with professional property managers of Swell Property. Not only your rental unit will be run by notable local managers, but you will also maximize your earnings while having peace of mind. Get in touch with us today to find out how we can help your rental business flourish in a short amount of time.
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J. House
Frequently Asked Questions
1. Are nail holes considered normal wear and tear?
Small nail holes (from hanging pictures or wall decorations) are classified as ordinary deterioration over time. However, if the number of holes is excessive, or if the holes are too big, they may be considered as damage.
2. What is normal wear and tear in California rental properties?
Normal living wear and tear represents gradual deterioration of property and household items. This depreciation is expected and unavoidable and occurs due to regular use. Examples include cabinet doors sticking, loose grout, faded wallpapers, minor wall cracks, wear patterns on floors, loose cabinet pulls, running toilet, worn countertops, etc.
3. What is considered normal wear and tear after 3 years of tenancy?
During course of 3 years natural depreciation includes things like slight paint fading, slightly worn carpets, minor floor scratches, darkened wood (if exposed to sunlight), faded lamps and window blinds, and so on.
4. What is normal wear and tear after 5 years of tenancy in California?
After five years of occupancy, you can notice apparent changes in a property, such as significant paint fading, sagging doors, thinning carpets in high-traffic areas, peeling paint (especially in locations with high humidity), loose knobs and handles, scuffed walls, etc.
Disclaimer: Remember that the information presented in this guide is not a legal document. It is intended solely to inform and should be used for informational purposes only. Laws, rules, and regulations may vary depending on your specific location. If you have further questions, familiarize yourself with California landlord-tenant laws and regulations or contact our agency for professional assistance with property management.
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About the Author
David Miller is Real Estate Advisor at Swell Property. Whether you’re eyeing a new home, an investment property, securing the best mortgage, or aiming to enhance your property’s value, my focus is on providing personalized guidance and strategy for your success. I listen to your needs attentively, ensuring that my expertise aligns perfectly with your real estate goals. My clients’ satisfaction and referrals are the true measure of my success in San Diego’s dynamic real estate market. If you’re searching for a real estate professional who’s deeply committed to your success, I’m eager to demonstrate my expertise and win your trust. Let’s connect and start this journey together.
