Normal Wear and Tear vs. Damage: What Landlords Can Deduct
The line between 'normal wear' and 'damage' is the single biggest source of deposit disputes. Here's how courts actually draw it.
The legal standard
Wear and tear is the natural, expected deterioration that happens from ordinary residential use over time. Damage is anything beyond that — usually caused by negligence, abuse, or accident.
Useful life and prorated charges
Carpets, paint, and appliances all have a documented useful life. Landlords generally can only charge for the remaining unused life, not full replacement.
How to dispute over-charges
Send a written demand referencing the wear-and-tear standard and your state's itemization rules. Demand receipts for any deduction over a few dollars.
How it works
1. Tell us what happened
Enter your move-out, deposit, and landlord details in our 7-step guided form.
2. We draft your letter
Your draft cites your state's return deadline and damages multiplier in clear, professional language.
3. Send & follow up
Download as PDF, send certified mail, and escalate to small claims if the landlord ignores your demand.
Frequently asked questions
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Start my letterThis tool helps you create a draft demand letter based on your information. It does not determine your legal rights, guarantee payment, or replace advice from a licensed attorney. You may wish to consult a licensed attorney for guidance specific to your situation.