Renters Lose Deposits Over Unapproved Pets Holes In Walls And Broken Lease Clauses And Normal Wear And Tear Is Usually Not Supposed To Count Against You

Moving out should be the easy part. You pack the boxes, hand back the keys and wait for your security deposit to arrive. For a lot of renters, though, the check that comes back is smaller than expected, or it never comes at all. The reasons are usually the same few mistakes: pets nobody approved, holes in the walls, and lease clauses that were broken along the way.

A set of keys resting on a wooden table.

The good news is that most of these problems can be avoided, and the rules about what a landlord can and cannot charge are on a renter’s side more often than people realize. In general, normal wear and tear is not supposed to come out of your deposit.

Normal Wear And Tear Versus Damage

The most important idea in any deposit dispute is the difference between wear and tear and damage. Wear and tear is the gradual aging that happens when people simply live in a home. Faded paint, light scuffs on the walls, worn spots on carpet in a busy hallway and small nail holes from hanging a picture all fall into that category in many places.

Damage is different. A large stain, a burn in the carpet, a door kicked off its hinges or a hole in the wall big enough to put a fist through is the kind of thing a landlord can usually deduct for. The line between the two is not always clear, and it is exactly where most arguments begin.

Keep in mind that the exact definitions vary from state to state, and so do the rules on what a landlord may deduct. If you are not sure where your state draws the line, your state attorney general or local tenant resources are a good place to look.

Mistakes That Cost Renters Their Deposits

Most lost deposits can be traced back to a short list of habits. Renters may not realize they are doing something wrong until the move-out inspection is over. The biggest culprits are bringing in a pet without permission, putting holes in the walls beyond what the lease allows, and breaking terms of the lease itself.

Each one gives a landlord something concrete to point to when the deposit is calculated. Knowing about them ahead of time is the easiest way to keep your money.

Unapproved Pets

Many leases forbid pets or require written approval, and some charge a separate pet deposit or pet fee. If you bring in a dog or cat without telling the landlord, you are breaking the lease before the animal does any damage at all. If there is later damage, such as scratched floors, chewed trim or lingering odors, the landlord has an easy case for deductions.

Even a small pet can cause trouble. If you want an animal, ask first and get the approval in writing. If your landlord says no, think carefully before you decide to risk it. Keep in mind that rules about service animals and assistance animals are different from rules about ordinary pets, so ask your local housing agency if that applies to you.

Holes In Walls

A few small nail holes from picture frames are usually considered normal wear and tear. Large anchors, big screw holes from mounting a television, or a wall full of damage are another story. Some leases say plainly how many holes are allowed and what kind of hardware you may use, so read yours before you hang anything.

When you move out, you can often fix small holes yourself with a bit of spackle and a putty knife. Let it dry, sand it lightly and touch up the paint if the lease allows. If the paint will not match, it may be better to ask the landlord what they prefer rather than leave a patch that looks worse than the hole.

Breaking Lease Clauses

Leases are full of small rules that renters tend to forget: no smoking, no subletting, no painting without permission, no extra people living in the unit, and proper notice before moving out. Breaking any of these can give a landlord grounds to take money from the deposit.

Leaving early is the big one. If you move out before the lease ends, you may owe rent for the remaining months or some portion of it, and the landlord may apply your deposit to that amount. If your situation changes, talk to the landlord as early as you can. Some are willing to work something out, especially if you help find a replacement tenant.

Protect Yourself With Records

The best defense in a deposit dispute is proof. On move-in day, walk through the home and take dated photos or video of every room, including closets, appliances and the floors. Note anything that is already scratched, stained or broken, and send it to your landlord in an email so there is a record.

Do the same on move-out day after you clean. Photograph the empty rooms, and keep copies of your lease, any written approvals and your communication with the landlord. If the matter ends up in front of a judge, this paper trail often counts for more than anyone’s memory.

Deadlines And Itemized Lists

Many states require landlords to return a deposit within a certain period after you move out, and to send a written list of any deductions. The deadline differs from one state to the next, so look up the rule where you live. Give your landlord a forwarding address in writing so the check and the list can reach you.

If a landlord keeps part of your deposit, you should be able to see exactly what it was used for. A vague charge for cleaning or repairs with no explanation is a reason to ask questions.

What To Do If The Deductions Seem Unfair

Start by writing to your landlord. Be calm and specific, point to your photos and explain which charges you believe are normal wear and tear. Many disputes end right there when the landlord sees that the renter has documentation.

If that does not work, consider a formal demand letter and then small claims court, where you can often make your case without a lawyer. Tenant rights groups, legal aid offices and local housing agencies can also help you understand your options.

The Bottom Line

Your deposit is your money, held by your landlord as protection against real damage. It is not a fee to be used up for the ordinary aging of a home. Get approval for pets, treat the walls kindly, respect the lease, and keep good records from the first day to the last. Do that, and normal wear and tear is far less likely to count against you.

Willow and Hearth