WEAR AND TEAR VS. DAMAGES

This document is meant to provide a general overview of the difference between 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?”

NORMAL WEAR AND TEAR DEFINED

The legal definition of “normal wear and tear” as stated in the Colorado Real Estate Commission manual and defined in Section 38-12-102, C.R.S:

“Normal wear and tear means that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests.”

Damage can therefore be defined as deterioration which 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.

The following is a list of examples and is intended as a guide to reasonable interpretation of the differences between expected ‘wear and tear’ from normal residential use and irresponsible, intentional, or unintentional actions that cause damage to a landlord’s property per Appendix 5C of the HUD guidelines.

Courts have also ruled that the length of time a tenant has occupied a property must also be taken into consideration when accessing damages in relation to deductions to a tenant’s security deposit, as well as the average life expectancy of the item. The longer a resident has resided in a property, the more allowance must be given for ‘wear and tear’ over damage.