Tygart Media · Security Deposit Guides · Deductions
The test courts use
Think of it this way: would this have happened to any careful tenant over the same amount of time? If yes, it’s wear and tear. Paint fades. Carpet flattens where feet walk. Caulk yellows. Sun bleaches curtains. That’s not misuse — that’s a home being lived in, and the landlord’s business model already prices it in (it’s why rent exists).
Damage is the opposite: things that wouldn’t have happened without carelessness, accidents, or abuse — holes, burns, pet urine, broken fixtures, unauthorized paint jobs, doors ripped off hinges.
Common examples, side by side
| Usually wear and tear | Usually damage |
|---|---|
| Small nail holes from hanging pictures | Large holes, anchors ripped out of drywall |
| Scuffed or faded paint | Unapproved paint colors, smoke staining |
| Carpet worn thin in hallways | Pet stains, burns, bleach spots |
| Loose or sticky door handles | Doors or handles broken off |
| Dust on blinds, faded curtains | Blinds snapped or missing |
| Minor grout discoloration | Cracked tiles, missing grout from neglect |
Time in the unit changes the line
Carpet has a useful life. Paint has a useful life. A landlord who charges you full carpet replacement after you lived there four years is charging you for carpet that was already near the end of its life — many judges prorate the charge, or throw it out entirely. The longer the tenancy, the more the “damage” looks like aging. The carpet replacement fight, specifically →
How landlords blur the line
The classic move is labeling wear and tear as “excessive” or “beyond normal” without explaining why. Watch for itemized lists that say things like “paint — $800” with no photos of actual damage. A vague line item isn’t an accounting; challenge it in writing and ask for the specific damage each charge corresponds to, with photos. How to dispute the deductions →
Get The Signal
What we actually ran, what it measured, and what it means for a restoration shop — every week, including the flops.

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