In short: normal wear and tear is the ordinary aging of a home from people living in it. Damage is harm beyond that, from accidents, neglect or misuse. A Florida landlord can claim the cost of damage from the deposit, not the cost of normal wear and tear.
Examples
| Item | Normal wear and tear | Damage |
|---|---|---|
| Paint | Faded, slightly marked or yellowed with age | Large marks, crayon, holes, unapproved colors |
| Walls | A few small nail holes from pictures | Large holes, many anchors, dents from furniture |
| Carpet | Worn paths, slight fading, flattened pile | Burns, pet stains, tears, large spills |
| Hard floors | Light surface scratches, dull finish | Deep gouges, water damage from spills left |
| Kitchen | Worn counter finish, faded cabinets | Burns, cuts, broken drawers, heavy grease |
| Bathrooms | Slightly worn grout, aged caulk | Mildew from no cleaning, cracked tiles, broken fixtures |
| Blinds and screens | Sun faded, slightly loose | Bent slats, torn screens, missing parts |
| Doors and fixtures | Loose handles, worn hinges | Holes in doors, broken locks, missing keys |
Typical examples, not legal definitions. Florida's statutes do not define normal wear and tear, so length of tenancy, the lease and the condition at move in all matter.
What changes the answer
- How long you lived there. Five years of walking wears a carpet far more than six months. Expect more wear to count as normal after a long tenancy
- The condition when you moved in. A move in inspection form or dated photos are the best evidence of what was already worn
- Your lease. It may set rules on nail holes, painting, carpets or light bulbs
- Dirt is different. A home left dirty is not wear and tear. See when a landlord can charge for cleaning
For tenants
Report anything broken during your tenancy in writing, so it is on record as a repair rather than found at move out. Before you leave, fix small damage you caused if your lease allows it, clean thoroughly and take dated photos.
For landlords
Claims for wear and tear are a common reason deposit disputes go against landlords. Record condition at every move in and move out with the same form and photos: our free move out inspection form is built for that. Florida's deposit notice must give the reason for each claim, so a claim tied to the move in record is easier to defend.
This guide is general information, not legal advice. Laws change, and your lease may add terms. For advice on your situation, speak to a Florida attorney or the Legal Aid Society of Palm Beach County.