What Damages Are Tenants Responsible For? When A Tenant Must Pay

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When a tenant rents a property, they are typically required to pay a security deposit. When a tenant vacates the property, landlords can take deductions from this deposit for any damage to the property. However, under Florida law, landlords cannot deduct for “normal wear and tear.”

For many landlords, distinguishing between normal wear and tear and damage can be hard to decipher. Generally, tenants can be required to pay for damages that they caused through negligence, recklessness, or intentional conduct (like punching a hole in a door or breaking an appliance through misuse). If any damage is the result of typical daily living and the effects of aging on a property, like a carpet being discolored by the sun, then a landlord cannot require the tenant to pay for this normal wear and tear.

At Eaton Realty, we work with landlords throughout Hillsborough County to effectively and efficiently manage their rental properties. Our property management process includes a thorough review and walkthrough of each unit prior to tenants moving in, plus regular maintenance and upkeep to keep your property in pristine condition. We also perform a careful inspection after a tenant moves out to determine what charges can be properly assessed against a tenant’s security deposit. Reach out today to talk to a member of our property management team about your investment properties.

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What Is Considered Normal Wear and Tear For a Rental Property?

In Florida, landlords cannot deduct from a tenant’s security deposit for “normal wear and tear.” The question of what constitutes normal wear and tear (vs. damage) can be a difficult one. Where exactly is the line between normal use of a property and damage that the tenant should be held responsible for under the terms of their lease?

First, it is important to understand that a property and its various components will age over time. Even in your own home, you will likely notice that a carpet gets worn down over time or the finish on door handles may wear off. This type of deterioration over time is to be expected and should be considered normal wear and tear.

Simply living in a home can also cause some damage, even when a tenant is responsible and conscientious. Even a careful tenant might leave a few scratches on the floor after a year or longer of living in a space, for example.

Unfortunately, there is no list of what exactly constitutes normal wear and tear in a rental property. For most landlords, it is more of a matter of common sense. Essentially, is this damage the type that should be expected with time, and how people typically live?

Common Examples of Rental Property Normal Wear & Tear

According to the Department of Housing and Urban Development (HUD), some examples of what might be considered normal wear and tear include:

• Small chips in plaster
• Nail or pin holes
• Fading, peeling, or cracked paint
• Worn or faded carpet
• Dirty or faded lamps or window shades
• Worn or scratched enamel in bathtubs, sinks, or toilets
• Loose grouting
• Slight scuff marks

Tenants will rarely (if ever) return a property to you in the same condition in which they received it. If the damage or wear is fairly typical, then it might not be something that you should deduct from a tenant’s security deposit. However, if the damage is more than normal wear and tear, you might choose to take the deduction.

When Does a Tenant Have to Pay for Damages to a Rental Property?

There are times when a landlord walks into a rental property and is taken aback by the condition of a unit. While tenant screening can help to reduce the risk of serious property damage, the reality is that people are unpredictable. Even someone with a spotless history as a renter can have an issue that leads them to damage property.

If there is any damage to a rental property that appears to be due to negligence, recklessness, or intentional behavior, then you could deduct the cost of fixing it from the tenant’s security deposit. This can include the cost of fixing physical damage, replacing missing items, and cleaning beyond what may be considered normal.

So how do you draw the line between normal wear and tear and damage? Here are some examples:

• Worn-out carpet in high-traffic areas would be considered normal wear and tear. Large stains, burns, tears, or pet urine would be property damage.
• Fading paint on the walls would be normal wear and tear, while gaping holes in the wall or large tears in the wallpaper would be considered property damage.
• Loose doorknobs or creaky hinges are normal wear and tear, but doors ripped off the hinges or holes in the doors would be property damage.
• Chipping or faded paint can be considered normal wear and tear, but dingy, stained walls from a tenant smoking in a smoke-free apartment would be deemed property damage.

Other examples of tenant property damage include broken windows, missing fixtures (like smoke alarms or lights), an excessive number of nail holes, broken or cracked mirrors, and broken enamel in bathtubs and sinks.

Can A Tenant Be Held Responsible For Poor Cleaning?

A landlord can also take deductions for cleaning that go beyond what might be normal for a rental property. It isn’t unusual for a tenant’s cleaning to not live up to a landlord’s more exacting standards, such as leaving streaks on the windows or leaving behind some dust bunnies. This can be fixed by a landlord’s normal procedures for cleaning and preparing a rental property for the next tenant.

However, if a tenant has been seriously neglectful in cleaning the property over the course of their lease, that can be considered property damage. For example, if a tenant obviously has not cleaned the toilets or allowed mold or mildew to build up due to a lack of basic cleaning, then the landlord might have to hire a professional service to get the unit back to its original state. In this situation, the cost of cleaning may be deducted from the tenant’s security deposit.

If a tenant leaves items behind, the cost of removing those items can also be deducted from their security deposit. For a few small things that a tenant may have overlooked, like a few items of cutlery in a kitchen drawer, the landlord probably shouldn’t charge a fee. But if the tenant leaves behind large, bulky items (like furniture) or a lot of junk, then the tenant could be charged for the time and expense of removing them from the property.

In every property damage case, the landlord (or property manager) should carefully document the rental property with photos and videos. This can be incredibly useful in the event that the tenant challenges the deduction and/or if the matter ends up in court.

Taking Deductions from a Tenant’s Security Deposit

If you have determined that a tenant has caused damage to your property beyond normal wear and tear, then you can deduct the amount of damage from their security deposit. Florida’s landlord-tenant laws provide a specific procedure for taking these deductions.

If you do not intend to impose a claim on a tenant’s security deposit, then you must return it within 15 days. If the tenant did cause damage to the rental unit, then you must give written notice of the amount that will be deducted and why it is being deducted. This notice must be sent by certified mail to the tenant’s last known mailing address, or if consent has been documented, via email.

If you do not send this notice as required by Florida law, then you will forfeit your right to make a claim on the security deposit. Once the tenant receives the notice, they will have 15 days to object in writing to any deductions. If the tenant does not object within that time period, then you can deduct the amount from the security deposit.

For example, consider a situation where, after a tenant moves out of a rental property, you discover that several screens are missing from windows throughout the house and that the floor is damaged from pet accidents. The landlord replaces the screens and has the floor repaired. The total cost of this work can be deducted from the security deposit.

A notice must then be sent to the tenant outlining the amount of the deduction and the reason. For example, the landlord might send the following notice to the tenant:

This is a notice of my intention to impose a claim for damage in the amount of $800.00 upon your security deposit due to three missing screens and damage to the living room floor caused by pets. This notice is sent to you as required by §83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit.

Typically, landlords will provide greater detail about the damage - such as specifying which windows are missing screens and where exactly the damage is located. Including more detail is important to establish that the damage is not normal wear and tear. It can also reduce the likelihood that a tenant will object to the security deposit deduction.

Of course, having proof that the tenant actually caused the damage is also important. This is why we perform a thorough walkthrough of each rental property both after a tenant moves out and before a new tenant moves into the unit. We carefully document the condition of the property, which provides a useful basis for demonstrating that any damage was caused by the tenant.

Our property management team also handles routine maintenance and repairs throughout the year. In this way, we have a good sense of what is happening with each of your rental properties. Combined with careful screening of prospective tenants, this helps to minimize the likelihood of damage and reduces the need for our clients to deduct from tenants’ security deposits.

Protect & Grow Your Investment With Eaton Realty

A rental property is a smart investment, but that doesn’t mean that being a landlord is easy or low-stress. Dealing with things like tenant complaints and damage to a rental property can be a headache. Our award-winning team can handle all aspects of managing your property, from tenant move-outs and security deposit deductions to finding great renters for your property.

Based in Lithia, Eaton Realty is a Tampa property management company that helps landlords throughout Hillsborough County effectively manage their rental properties. We understand that dealing with things like maintenance requests, move-in and move-out inspections, and tenant notices can be cumbersome. Our goal is to make it as easy and profitable as possible for you to own rental properties in Hillsborough County. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.

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