When a tenant moves out and you discover holes in the wall, stained carpets, or broken fixtures, it’s natural to ask: Can I charge them for this? The short answer is yes—but only under the right circumstances.
Landlords are allowed to deduct for damage beyond normal wear and tear, but laws vary by state, and the line between damage and wear can be blurry. This article breaks down what you can—and can’t—charge tenants for when it comes to property damage.
Normal Wear and Tear vs. Tenant-Caused Damage
Before charging anything, it’s important to understand the legal distinction between normal wear and tear and actual damage.
Normal Wear and Tear
These are the expected signs of aging and usage over time:
- Minor carpet fading
- Small nail holes from picture hanging
- Slight scuff marks on walls
- Loose door handles
Landlords generally cannot charge tenants for these.
Tenant-Caused Damage
This includes issues caused by neglect, misuse, or accidents:
- Large holes in drywall
- Broken windows or doors
- Deep carpet stains or burns
- Missing appliances or fixtures
These can be deducted from a security deposit or charged separately.
Tip: Take detailed move-in and move-out photos to document property condition and support any charges.
What the Law Says (Generally)
While each state has its own laws, most follow these general rules:
- Landlords may deduct reasonable repair costs from the tenant’s security deposit for damage.
- Charges must be documented with receipts, invoices, or estimates.
- Landlords must provide an itemized statement showing what was deducted.
- The balance of the deposit (if any) must be returned within a set time frame, usually 14 to 30 days after move-out.
Common Repairs Landlords Can Charge For
- Patch and repair of large wall damage
- Replacement of broken tiles or glass
- Repairing damaged countertops or cabinetry
- Professional carpet cleaning for severe stains
- Smoke or pet odor remediation (beyond normal)
Note: Carpet replacement can only be charged based on the remaining lifespan of the carpet. You can’t charge full price for a 10-year-old carpet.
What Landlords Can’t Charge For
- Repainting entire walls due to light scuffs
- Replacing old appliances just because they’re dated
- General cleaning (unless the unit was left in poor condition)
- Replacing worn blinds or hardware with no visible damage
Best Practices for Charging Tenants Legally
1. Document Everything
Photos, checklists, and timestamps are your best defense if a dispute arises.
2. Perform Move-In and Move-Out Inspections
Use a standard checklist and have tenants sign off on both inspections to confirm agreement on the property’s condition.
3. Provide an Itemized Statement
Be specific. Instead of “general damage,” list:
- “3 drywall holes patched – $75 labor”
- “Blinds missing from living room window – $40 replacement”
4. Stay Within Reason
Charges should reflect actual cost, not inflated estimates. Overcharging can lead to disputes or small claims court action.
5. Know Your State Laws
States like California, Texas, and New York have specific rules and deadlines. Look up your local landlord-tenant laws or consult a property attorney if needed.
What If a Tenant Disputes the Charges?
Tenants have the right to request evidence and challenge unreasonable charges. To avoid escalation:
- Provide photos and receipts quickly
- Be open to discussion if the tenant offers a different explanation
- Offer a partial refund or settlement if warranted
If unresolved, either party may take the dispute to small claims court, where documentation becomes crucial.
Final Word: Fair Charges, Backed by Proof
Charging tenants for damage is legal—but only if you can show the difference between normal wear and real harm. The more documentation and clarity you provide, the less likely you’ll face disputes.
Respect the law, be transparent, and use damage charges as a tool for fairness—not punishment. With RentalRiff, ongoing maintenance visits and repair tracking make it easier to document property conditions over time—giving you the proof you need to fairly distinguish wear from actual damage. When done right, it protects your property, your budget, and your reputation as a responsible landlord.