There is a difference between normal 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?”
There is not an actual clear definition of what constitutes “ordinary or normal wear and tear” in North Carolina and must be determined on a case-by-case basis. Therefore, the tenant cannot be charged for damage caused by “ordinary wear and tear.”
So, we define damage as deterioration that occurs due to negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or member of his household, or their invitees or guests.
Notice that normal wear and tear does not include dirt – excessive dirt is considered negligence, carelessness, accident, or abuse.
For example, if the current tenant is the most recent occupant in the property, the landlord cannot withhold funds from the security deposit to replace carpet, plumbing, or appliances that need replacement because they are old and worn out. In fact, the resident cannot be charged for even contributing to the normal wear and tear of such items.
On the other hand, if the tenant caused the item to wear out because of mistreatment, the tenant may be charged for the amount of unusual wear the tenant caused (but not the entire cost of replacement).
Ordinarily, routine cleaning and maintenance (painting, carpet cleaning, etc.) may not be deducted from your security deposit. However, if the tenant leaves the property so filthy that unusual or extraordinary measures are necessary to clean or restore the premises, the landlord may deduct the cost of such cleaning from the security deposit.
Courts have also ruled that the tenant's length of occupancy must also be considered when accessing damages concerning deductions to a resident's security deposit. This is because the longer a tenant has resided in a property, the more allowance must be given for ‘wear and tear’ over the damage.
Making a decision between normal wear and tear vs. damage can sometimes be difficult, and PG Management Group can help guide you through this difficult process.
Download our Wear and Tear Guide for additional information, or reach out to us!
704-566-3610
hello@pgmanagementgroup.com
www.PGManagementGroup.com
