Wear and Tear Issues and Tenant Rights

As a former property manager of a large apartment community, I am privy to a lot of information that your landlord doesn’t necessarily want you to know. Often, renters walk into what looks like a beautiful apartment on the surface, only to find out that underneath the fresh coat of paint and recent carpet shampoo, there are stains on the walls and spots on the carpet that re-appear after just a few vacuums. When you move out, then, you may be wondering if you are going to be required to pay for damages or cleaning charges, or if your landlord is going to give you your return of security deposit.

The best thing you can do as a renter is to carefully walk through the apartment when you first move in. Most reputable apartment communities will give you a check-in sheet when you sign your lease. This check-in sheet will have information on the state of everything in the apartment, from the cleanliness of the oven to the functionality of the doorknobs on the apartment. Most renters will simply mark that everything is fine in the apartment and sign the check-in sheet in order to obtain their mailbox keys or pool keys. Very few tenants go through this sheet carefully enough to notice the chipped paint on the floorboards or the broken light fixture. It can take some time to go through every item on the list, but in the end it is worth it to take a few spare minutes to be sure you aren’t going to be charged for anything you didn’t do. The rule of thumb is, the apartment needs to be left exactly the way you found it, with minor exceptions for normal wear and tear. As long as you note dirty shelves or a smelly refrigerator, the landlord cannot charge you for these things upon move out.

If your landlord doesn’t provide you with a check-in sheet upon signing your lease, make notes on a sheet of paper. Take a copy of your notes to your landlord, and ask they sign the sheet. Keep a copy of it for your records in case of any disputes further down the road.


Carpet is, perhaps, the biggest problem most tenants have when they move out of an apartment. Carpet is one of those things that normal wear and tear is difficult to determine. Most apartment complexes, even high end ones, will use cheap carpet from a single vendor, as well as the cheapest mat they can manage. Often, apartment complexes will replace carpet in a unit without replacing the padding. If there are stains soaked through to the padding, they will resurface on the new carpet and can be problematic for a new tenant

If you are moving into an apartment which has brand new carpeting, ask the landlord for a copy of the purchase order or work order that has the install information on it. This will tell you if there was new carpet and padding installed, or simply carpet thrown on top of old padding. If the landlord then tries to charge you for carpet upon move out, you will have evidence that the damage may not have been caused by you, and therefore cannot be charged for it.

Landlords are often walking a fine line between doing what is right and making a profit. This often means they take shortcuts on performing repairs and doing maintenance. It also often means they will try to squeeze every last penny out of former residents to help cover costs of mistakes they have made trying to save a buck. There are a lot of questions residents have about what a landlord can charge for, and what will allow them to keep from your security deposit. Don’t feel threatened or bullied by these landlords. They may say they have expert lawyers and years of experience, but they are often counting on tenants backing down and just forking over the cash. It is okay to fight back and stand up for your rights as a tenant. Knowing a lot of the tricks of the trade can help protect you from being a victim in a landlord/tenant case and being charged for things you shouldn’t have to pay for. If you need help with a landlord, you can visit the Rental Protection Agency to get help solving disputes.