Riverside Landlords, Do You Know the Difference Between Wear and Tear and Tenant Damages?

After a move-out, if you’re left with a long punchlist of repairs to get the home ready for the Riverside or Inland Empire rental home market, it’s crucial to know what can and cannot be charged back to a security deposit.

Contrary to what you might have heard, you can’t just blanket-charge a vacating tenant for every little flaw in a home. Systems or items that deteriorate in the course of ordinary use or the passage of time would fall under the category of “normal wear and tear,” which is a property owner expense. And charging a former resident for something that they are not responsible for is risky, illegal, and just bad karma.

But how do you know when it’s tenant damage vs. normal wear and tear?

Here (for general knowledge only, and not to be taken as legal advice) is a broad overview of items that might be classified as either wear or tear, or neglect:

Wear & Tear

A lessening of value of an asset from natural deterioration due to regular use or the passage of time.

Resident Abuse or Neglect

Misuse, neglect, harm or destruction by the resident or a guest of the resident to the property that is considered beyond normal use.

GENERAL:

• Neglecting to report maintenance issues, especially from water leaks, and the resulting damage that occurs.
• Failure to clean unit
• Lightbulb burned out, missing or wrong bulb type
• Electrical switches/plates broken or missing
• Tampering or damage to smoke/CO detectors
• Smoke damage from burning candles, incense, hookahs or cigars/cigarettes/vape pens, including odor damage
• Flea/bed bug infestation
• Urine, pet/animal odor
• Repainting walls to cover unauthorized resident painting
• Repainting walls due to excessive marks/dirt/food/grease
• Excessive holes in walls (exceeding the 40-tack-hole limit) or large holes
• Drawing, crayon markings, stickers/stamps, or wallpaper
• Pasting/sticking decals and stickers on windows, doors, walls
• Abandoned trash inside or outside
• Burns, tears, stains, or excessive wear to carpets
• Burns, tears, stains, excessive wear, water or urine damage to laminate or vinyl plank flooring
• Cuts, tears, holes in linoleum or vinyl
• Damaged doors, door jams, and/or door trim
• Damage to a door/door frame from forced entry
• Damage to doors/door frames, door trim or walls from pet scratching or activity.
• Missing doorstops/holes from missing door stops
• Installation of key-locking doorknobs
• Broken/cracked windows or window frames
• Window/door screen material holes, slits, tears or bent frames
• Dirty, broken, bent, damaged, or missing mini-blinds or drapes
• Damaged light fixtures

KITCHEN:

• Burned, cut, scratched or water-damaged countertops
• Grease/oil splatter and staining on countertops (especially granite), backsplash, or cabinets from cooking oil or cooking activity
• Broken cabinets/drawer guides
• Broken or damaged appliances
• Missing/broken refrigerator shelf/door/handle/drawer/appliance parts
• Excessive dirt/dust in the refrigerator vents, usually caused by not changing HVAC filters
• Clogged/non-working garbage disposal due to improper use of the disposal

BATHROOM:

• Scratches or knife cuts in countertop
• Broken toilet seat or damaged toilet
• Bent/damaged/de-installed towel rods and toilet paper holders
• Missing faucet handles
• Mold or mildew on walls/ceilings

YARD:

• Excessive vegetation/weeds
• Dead areas
• Yard not mowed (if resident responsibility)
• Pet/Animal waste in yard (regardless of animal owner)
• Fence damage from misuse
• Parking on the lawn or landscaping of rental
• Dead leaf/foliage accumulation
• Removal of raised beds, gardens, or changes to landscaping

Prorations: Special Circumstances

Everything has a “useful,” or expected, life. For example, the anticipated lifespan of carpet is five years. If, therefore, a resident moved our after just two years but left major stains, pet damages or even holes/tears that would be considered beyond ordinary use, the owner or property manager could still only theoretically charge the outgoing tenant for the three remaining years of useful life, or 60 percent of the cost to replace.

On the flipside, if a resident vacated after 10 years and the carpet had huge stains, the cost to clean the carpet would be a resident expense. But the cost to replace would be entirely borne by the owner.

How about paint? Well, fingerprints, a normal number of tack holes, and color fade would constitute normal wear and tear. But someone’s artisitic drawing on a wall, ripped wallpaper, broken molding or baseboard, or holes larger than from a typical nail or tack would be considered damage.

If wall paint is expected to have a useful lifespan of three years, and the resident lived in the home for five years, the cost of repainting would not be an acceptable security deposit deduction. But the cost to repair, refinish, and repaint a fist-sized hole in the wall probably would be an acceptable tenant charge. Also, if the damaged paint was confined to just one wall, you could not safely charge a tenant for repainting an entire interior — only the affected areas.

To Summarize …

If you’re not sure who should be responsible, consult with a property management attorney, as we’re not attorneys and we do not offer legal advice. Also, laws vary from state to state, and even from city to city.

But when in doubt, best to err on the side of caution. The truth is, a great tenant who cared for a property, reported problems promptly, cooperated when necessary, and paid rent on time was a blessing and helped you run a successful rental enterprise. Legitimate damages are one thing. But if you probably needed to repaint the interior to get the best replacement resident, you were going to have to do it whether the former residents had photos hanging on the wall or not.

Want a quick list to take with you? Here’s a link to the Dream Big Property Management Wear & Tear guide.

And if you have any questions about this of any other issue related to property management or income properties in Riverside, Moreno Valley, Corona or the rest of the Inland Empire of Southern California, feel free to reach out to us at 951-314-5402.

To your success!