What counts as 'normal wear and tear'?

Normal wear and tear includes minor scuffs on walls, small nail holes from hanging pictures, carpet worn from normal foot traffic, and faded paint after 2+ years of tenancy. Landlords cannot legally deduct for these in most states. DepositHawk checks each item against your state's legal standard.

What if my landlord already sent me a deduction list?

That's exactly what the Demand Letter plan is for. Enter each deduction, and we generate a letter challenging each one individually with the specific statute or case law that makes it impermissible.

What if the deadline has already passed?

You may still recover your deposit even after the deadline, but you likely lose the penalty multiplier (2x or 3x damages) in most states. DepositHawk will tell you exactly what you can still recover.

No. Small claims court is designed for self-represented parties. Most security deposit cases settle after a demand letter — landlords often comply rather than appear in court.

Is this legal advice?

DepositHawk provides legal information — the actual statutes, deadlines, and penalty structures for your state — not legal advice. For complex situations or large amounts, consulting an attorney is always an option.

How much can I recover?

In Texas: up to 3x the withheld amount plus $100. In California: up to 2x the deposit amount. In New York: actual damages. The amount varies significantly by state — DepositHawk calculates your maximum recoverable amount before you decide to proceed.

Can I charge a tenant for repainting the apartment?

Generally no, after a standard tenancy. Paint fades and scuffs with normal use, and most courts treat repainting after a tenancy of two years or more as normal wear and tear. You can charge for repainting a specific wall a tenant painted an unauthorized color, or for filling and repainting over holes larger than small nail holes. You cannot charge for repainting an entire unit just because it looks worn after a normal tenancy.

Can I deduct for cleaning if the lease says the tenant must return the unit 'broom clean'?

A lease clause requiring broom-clean condition does not authorize a cleaning deduction for normal end-of-tenancy tidying. It does allow you to deduct for a unit left in materially worse condition — heavy grime, trash left behind, appliances coated in grease. Courts look at whether the condition exceeds what a reasonable tenant in that unit for that length of tenancy would leave. Document the condition with dated photos before and after the tenancy.

What documentation do I need to support a deduction?

At minimum: a move-in inspection report signed by the tenant noting pre-existing conditions; dated move-in photos or video; a move-out inspection report noting the damage claimed; dated move-out photos or video; receipts or invoices for the repair or cleaning work actually performed (not estimates). In Massachusetts (Mass. Gen. Laws ch. 186, § 15B), any deduction without a receipt or written notice to the tenant is itself a prohibited deduction. Courts in most states apply similar scrutiny even where it is not statutory.

Can I deduct for repairs to items that were already broken when the tenant moved in?

No. Pre-existing damage is explicitly prohibited in every state, and the move-in inspection is your evidence. If you did not document the condition at move-in, courts will typically presume the unit was in good condition at the start of the tenancy and hold you responsible for the cost of any repair the tenant claims was pre-existing. This is the primary reason a signed move-in inspection report with photos matters.

Can I deduct unpaid rent from the security deposit?

Yes, in every state. Unpaid rent is universally permitted as a deduction. Include it in the itemized statement along with a reference to the lease provision requiring rent payment, the months or periods for which rent was unpaid, and the specific dollar amounts. The itemized statement must still be delivered within your state's statutory deadline — unpaid rent does not extend that window.

What are 'upgrades beyond restoring to original condition' and why are they prohibited?

You cannot use the security deposit to fund improvements to the unit beyond returning it to the condition it was in at the start of the tenancy, accounting for normal age. If the carpet was old when the tenant moved in, replacing it with new high-grade carpet and billing the full cost to the deposit is an upgrade, not a repair. If the unit had a standard light fixture and the tenant broke it, you replace it with a comparable standard fixture — not a premium one. The deposit is indemnity, not a renovation fund.

Landlord compliance · Deductions

What landlords can legally deduct — and what courts routinely strike down

No state permits deductions for normal wear and tear. Courts also consistently reject charges for pre-existing damage, fully depreciated items, and improvements that go beyond restoring the unit to its original condition. The lists below are drawn directly from the statutes.

Last updated: June 2026 · Researched by the DepositHawk Research Team

The universal rules

Allowed and prohibited deductions in every state

These rules apply in all 50 states and DC. Individual states may add further restrictions — see the state-specific notes below.

Generally allowed

Unpaid rent
Damage beyond normal wear and tear
Cleaning if lease requires and unit was left dirty
Lease-break fees if specified in lease
Costs to replace items tenant removed or kept

All allowed deductions must be itemized in writing and supported by documentation.

Generally prohibited

Normal wear and tear (minor scuffs, small nail holes, faded paint)
Carpet replacement after useful life (typically 7-10 years)
Painting after 2+ year tenancy (normal wear)
Pre-existing damage not noted at move-in
Upgrades or improvements beyond restoring to original condition
Costs to fix landlord deferred maintenance

Including a prohibited item in an itemized statement may expose you to the full penalty multiplier for bad-faith withholding.

The core distinction

Normal wear and tear vs. actual damage

Normal wear and tear is the gradual deterioration that comes from ordinary residential use — no single act of negligence, just time and living. Minor scuffs on baseboards, small nail holes from picture hooks, carpet pile worn from foot traffic, faded or slightly marked paint after a multi-year tenancy. No state permits deductions for these.

Actual damage is different: a hole punched in a wall, a carpet stained by a pet, a door handle broken off, a window cracked from impact. These are chargeable — but only the portion that exceeds normal wear and tear, and only with documentation. Courts expect itemized invoices, not lump-sum estimates.

The depreciation rule cuts across both categories. Even for legitimate damage, if the damaged item was near the end of its useful life, you can only charge the depreciated replacement value — not the full cost of new materials. A carpet with a seven-year useful life that was already six years old when the tenant damaged it: the maximum charge is one-seventh of the replacement cost, not the full amount.

State-specific additions

Additional restrictions in high-population states

California — Cal. Civ. Code § 1950.5

Costs for items with remaining useful life (prorated value only)
Reasonable cleaning costs if unit left unclean

Texas — Tex. Prop. Code § 92.109

Repairs not documented with receipts

Massachusetts — Mass. Gen. Laws ch. 186, § 15B

Any deduction without receipt or written notice

New York — N.Y. Gen. Oblig. Law § 7-108

Deductions without itemized statement sent within 14 days

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FAQ

Common landlord questions about deductions

Each answer is anchored to the controlling statute and is independently verifiable.

Only if the carpet was damaged beyond normal wear and tear AND it still had useful life remaining. Courts and most state guidance treat carpet as a depreciable item with a useful life of roughly 7–10 years. If the carpet was 8 years old and the tenant left it in typical condition, the full replacement cost is not a valid deduction — the carpet had already reached the end of its useful life. If the carpet was 2 years old and the tenant burned a hole in it, you can deduct a prorated share of the replacement cost based on the remaining useful life, not the full amount.

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DepositHawk provides legal information for landlords and tenants, not legal advice, and is not a law firm. Information on this page is for informational purposes only. Deduction rules vary by state and may change — always verify against the current statute in your jurisdiction. For complex situations, consult a licensed attorney in your state.