Wear and Tear vs. Damages
What's the difference?
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.
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.
Notice that normal wear and tear does not include dirt. Excessive dirt is considered negligence, carelessness, accident, or abuse.
Examples of Wear and Tear and Damage
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.
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. The longer a resident has resided in a property, the more allowance must be given for wear and tear over damage.
| # | Wear and Tear | Damages |
|---|---|---|
| 1 | Small nail holes caused by a 6 penny nail or smaller. A 6 penny nail is 2 inches long and is used for hanging picture frames and other items on walls. | Large holes from hanging shelving, pictures, screws, wall anchors, flat screen television brackets, or any other wall hanging that causes damage larger than a 6 penny nail. |
| 2 | Faded paint | Spot painting and patching or touch-up painting of any kind |
| 3 | Faded caulking around the bathtub and tiles | Missing caulking around the bathtub and tiles |
| 4 | Hard water deposits | Buildup of dirt, mold, mildew, or water stains from a preventable or unreported water leak or drip |
| 5 | Worn out keys | Broken, lost, or unreturned keys |
| 6 | Loose or stubborn door lock | Broken or missing locks |
| 7 | Loose hinges or handles on doors | Damage from a door from forced entry, or damage from using feet to open doors |
| 8 | Worn carpet traffic patterns | Torn, burned, stained, missing, ripped, scratched, or snagged carpet, pet damage |
| 9 | Faded finish on wood floors | Scratched, gouged, warped, or water-damaged wood floors |
| 10 | Linoleum worn thin | Linoleum with tears, chips, or holes |
| 11 | Worn countertops due to daily use | Burned, cut, stained, scratched, or water-damaged countertops |
| 12 | Drywall cracks from settling | Holes in walls, doors, screens, or windows from misuse, negligence, carelessness, accident, or abuse |
| 13 | Faded, chipped, or cracked paint | Unapproved or poor tenant paint job |
| 14 | Loose wallpaper | Ripped or marked-up wallpaper |
| 15 | Worn or heat-blistered mini-blinds | Broken, bent, cracked, or missing slats, wands, or hardware. Broken strings. |
| 16 | Dirty window and door screens | Torn or missing screens |
| 17 | Sticky window | Broken window |
| 18 | Loose or inoperable faucet handle | Broken or missing faucet handle |
| 19 | Running toilet | Broken toilet seat, tank top, or chipped or cracked toilet bowl |
| 20 | Musty odor | Urine or pet odor throughout unit |
| 21 | Closet bi-fold door off track | Damaged or missing bi-fold door |
| 22 | Non-functioning smoke or CO detector | Missing or detached smoke detector or CO detector, or missing batteries |
| 23 | Non-functioning light fixture | Missing, burnt out, or incorrect style light bulbs |
| 24 | Dry lawn | Lawn with pet urine spots, dead areas, excessive weeds |
| 25 | Slow draining drains | Drains that are clogged by hair, toys, or other non-flushable objects |