Can my landlord keep my deposit for normal wear and tear?

What the Law Says

Most state landlord-tenant laws explicitly prohibit landlords from withholding security deposit funds for normal wear and tear. This is a fundamental tenant protection that exists across all 50 states, though the specifics vary.

What Counts as Normal Wear and Tear

Normal wear and tear includes things like minor scuff marks on walls, small nail holes from hanging pictures, slight carpet wear in high-traffic areas, and faded paint from sunlight. These are expected consequences of someone living in a space and cannot be charged to you.

What Counts as Damage

Damage goes beyond normal use: large holes in walls, stained or burned carpet, broken fixtures, unauthorized paint colors, or pet damage. Landlords *can* deduct for these items, but they must provide an itemized list of deductions in most states.

How to Protect Yourself

The single best thing you can do is document the condition of your apartment with photos and video at move-in and move-out. This creates a clear record that makes it very difficult for a landlord to charge you for pre-existing conditions or normal wear. Honestkey™'s move-in/move-out checklist feature makes this process easy and legally sound.

What to Do If Your Landlord Deducts Unfairly

If your landlord withholds your deposit for normal wear and tear, you typically have the right to dispute it. Many states allow tenants to sue in small claims court for the wrongfully withheld amount, and some states award double or triple damages for bad-faith withholding.