A landlord typically takes a security deposit when someone rents an apartment. The goal of this deposit is to cover damage to the space. If the tenant moves out and the apartment needs substantial repairs, the landlord keeps the security deposit and pays for the repairs. If the apartment is in good condition, the tenant gets their security deposit back.
This can certainly lead to disputes. For instance, landlords are not allowed to keep a security deposit over “normal wear and tear” in the apartment. This is the type of damage they should expect, that anyone would cause. The security deposit is specifically supposed to be used for larger, unexpected costs. A dispute can arise when the landlord says they are keeping the security deposit to repair the apartment, but the tenant says they didn’t cause any issues but normal wear and tear.
What would this look like?
Defining normal wear and tear is difficult because it can be different from one case to the next, but some examples include:
- Worn-out finishes on door handles, pulls or other fixtures
- Worn carpet, especially in high-traffic areas
- Loose door handles or window latches
- Small holes in the wall from hanging pictures and decorations
- Small scuffs on the floor or the baseboards, often from furniture
- Faded curtains or window treatments due to sunlight exposure
- Loose grout around bricks or tile
- Burned out light bulbs
Essentially, this type of minor damage should be expected by the landlord and would be caused by anyone, rather than being caused by negligence. Tenants and landlords who get into a dispute must know what legal steps to take.