Normal Wear and Tear
for Security Deposit Returns
Florida landlord/tenant law frames the criteria for a claim on security inside a box of what’s above “normal wear and tear”. Lots of landlords and tenants get confused by this.
Simply put, landlords cannot claim money from a tenants security for things that a tenant isn’t responsible for, like drapes fading or toilets running.
There is a reasonable expectation that tenants will leave the property in good, clean, broom-swept condition as a minimum.
Normal Wear and Tear and expectations
Tenants should understand normal wear and tear as soon as they sign a lease. It’s important to understand expectations of the landlord, AND Florida landlord/tenant law.
While living in the unit, tenants should adhere to ensuring proper upkeep, cleaning and overall maintenance is being done regularly.
Also, no alterations should be made without prior (written is most advisable) permission by the landlord.
These actions will help to protect security deposit money and potentially being sued after move out.
Move-outs and what is considered Normal Wear and Tear
It’s NOT okay for tenants to leave anything behind after a move-out that does not belong to the landlord or the property.
Most common items tenants leave behind: garbage, boxes, broken TVs, miscellaneous items they no longer want, hangers in closets.
Tenants most often leave landlords with their unwanted, broken JUNK. This is NOT considered normal wear and tear.
If the tenant leaves junk, the landlord can hire someone to remove it and clean at the expense of the tenant.
So, it’s important for the landlord to hold a healthy amount of security deposit money. And tenants should consider what it may cost them if the landlord hires to clean and dump their stuff they’ve left behind.
What does 'Normal Wear and Tear' mean?
Simply, normal wear and tear means leaving a property clean and undamaged. But with the acceptance of such things as fading, worn paint and carpet, a few nail holes, sticky windows, running toilet.
The generally accepted condition of clean, undamaged with normal wear and tear means tenants should make sure the unit is clean, free from all personal items and debris.
Anything excessive: nail holes, dirt, scuff marks, carpet stains, etc. are considered to be “above” normal wear and tear and the expense to remedy and repair those issues can be taken from the tenant’s security deposit
It’s also quite possible a landlord’s lease will use stronger verbiage to address expectations on the upkeep and move-out expectations of their tenants.
For example, it’s common practice for a landlord to have carpets cleaned prior to a tenant moving in.
This is separate and above and beyond the “normal wear and tear”, but can certainly be a provision that a landlord includes in their lease.
Real life: what do you think "normal wear and tear" means?
Any Claims on Security on Photo #1?
Paint (no):
This condition is considered normal wear and tear. There’s an unusual (and gross) amount of dirt on the floor and baseboards/trim due to never cleaning, which is problematic but generally not considered above normal wear and tear.
Notice there are scuff marks, and the paint is faded. The unit needs to be repainted including walls, doors, trim and baseboards. The tenant was there for four years with no intermittent painting done by the landlord during that time.
So in this case, the paint/walls/doors condition is considered normal wear and tear. There is some expectation for landlords to put money into the touch-up painting minimally, of units after one tenancy ends, and before another starts.
The amount of dirt on these terrazzo floors is problematic. It looks like the tenants never mopped/cleaned in the four years they lived there. Terrazzo flooring (as in all marble) are much more expensive to deep clean than regular tile flooring.
However, because it was not a new floor when the tenant’s moved in, with high expectations to keep it clean made clear inside the lease, there was no claim on security taken for this condition floor.
Not clear in this photo, behind the vent on the hallway door is the AC unit. The amount of dust/dirt build-up on this vent indicates the tenants never changed the AC filter.
This condition must be inspected by an AC company, and the landlord should request the cost for any suggested remedies in writing.
This expense that would be directly due to not changing the AC filter would probably be for flushing out the drain pipe and a coil cleaning (most common remedies) which can be around $400.
Most leases specify it is the tenant’s responsibility to change the AC filters monthly or frequently.
LANDLORDS: MAKE SURE THIS IS IN YOUR LEASE, AS THIS IS ONE OF THE MOST COMMON AND COSTLY ISSUES YOUR RENTAL PROPERTY WILL HAVE.
Not changing the AC filter will cause water leaks and other repair expenses as a DIRECT result, and will shorten the life of the AC system BY YEARS!!!
This condition in this case is considered ABOVE normal wear and tear as these elements were left excessively dirty. And inside the lease, it was a specific requirement that the tenant changed/cleaned the AC filter once per month and as need to keep the AC filter/system and AC closet clean and clear of all dust and dirt and pet hair.
There was a claim on security for the expense charged by a licensed AC company to clean flush the drain pipe, clean the coils removing a build up of pet hair and excessive dirt/gunk.
The Follow Up
It’s also advisable to take a video of the entire property. Just walk through with your cell phone/video in hand. This video will help to fill in any missed photos/information you may need at a later time.
Normal
- faded paint
- worn carpet
- small scuff marks
- worn out keys
- sticky windows
- dirty window screens
- runny or wobbly toilet
- closet doors off track or wobbly
- worn door handles
- 2-3 nail holes
- faded curtains or verticals
Damaged
- changed color paint!
- soiled or bleach stained carpet
- excessive scuff/black marks or dents
- missing or broken keys, clickers etc
- broken, taped/stickered windows
- torn, missing screens from negligence
- clogged toilet from misuse
- broken doors from misuse
- broken, changed, altered handles
- 4+ holes in walls needing patch/paint
- missing, damaged curtains/verticals from misuse or negligence
"Above" Normal Wear and Tear
Anything above normal wear and tear is at jeopardy of costing tenants money. Tenants are responsible for keeping the rental unit clean and undamaged.
This means periodic cleanings so there’s no dirt build up and accumulation of dust, grease, hair, scum. It means patching up holes in walls when you remove a flat screen TV or more than a couple of photos or art on a wall.
It means cleaning the dust off the ceiling fan blades, cleaning windows so you can see out of them, keeping the flooring clean. It means removing all lint and dirt from the clothes dryer.
Tenants are responsible for their own hair that falls into shower and tub drains, and removing these potential clogs is the responsibility of the tenant.
Tenants should treat where they live, even if they are renting it from a landlord, as their home. They should take care of it as if they owned it, minus the expense of major repairs.
There is a reasonable expectation that tenants should be able to use a screw driver and tighten kitchen drawer handles if needed, and use WD-40 on creaky windows.
And when they move out, tenants should return the property in clean, undamaged condition.
Alterations
If a tenant wants to paint walls a different color, they should always get permission to do so in writing from the landlord. Why? It’s considered an alteration.
If the walls were white, and a tenant painted them red… it can be very costly to the landlord to paint them white again.
If a tenant makes alterations without permission, or they got permission but with the agreement that they return the alteration back to its original condition… they need to do this prior to move out.
Why? Any expense a tenant costs the landlord to return an unapproved alteration back to it’s original condition can be claimed from security, and/or subject of a lawsuit.
Tenants should NEVER add anything structural. Ever. They should not change carpet or flooring, ever.
These bright colors might have looked great to the tenants that painted them… and you might think they look great too. But they are “alterations” and are costly to return to their previously neutral wall colors. Lots of primer and more than one coat of paint is needed to remove these colors.
Maybe even a landlord will like these paint alterations a tenant has given to them. However, if a landlord decides to leave it as is… and returns security to the tenant, they won’t have the money they may realize they need to paint those walls back to white or beige! New tenants will come and look at the property, but this will inevitably NOT be the same taste of most other people.
A landlord should have the goal of keeping the unit as neutral and attractive to the largest range of people possible. This generally means either white or light beige walls, white trim and doors. “Neutral” appeals to the most people, period.
If a tenant moves out, hands keys over, and leaves walls altered to a different color scheme (like these photos) without prior permission given by the landlord with paint colors approved…. the landlord has the right to claim the cost of return the wall colors back to their original color.
This cost may be substantially more than what the tenant might think… because there is no legal requirement for a landlord to look for the cheapest painter in town!
Tenants should ALWAYS seek written approval by the landlord prior to making ANY alterations to the rental unit.
**Disclaimer:**
This information is provided for general guidance and informational purposes only. It is not legal advice. Specific details may vary, and individuals should consult with a qualified legal professional for advice tailored to their unique circumstances. This content is not a substitute for professional legal advice, and reliance on it is at your own risk.
Remember to consult the specific Florida state statutes related to Landlord/Tenant law for precise details on early lease terminations.
