Ordinary wear and tear is one of the most contested issues in rental housing. Most states—including Oregon and California—prohibit landlords from deducting normal wear from the security deposit. But what counts as “normal”? The answer can depend on the lease, the property’s age, and even local court rulings.[1]
Key takeaways
- “Ordinary wear and tear” means the unavoidable deterioration that happens with normal, careful use over time—NOT tenant neglect or abuse.
- Landlords may deduct for damage, but not for repainting, new carpet, or other work just to “refresh” for a new tenant.
- Best practice: Take date-stamped move-in and move-out photos, and keep a checklist for every tenancy.
Legal Definition & What Counts as Ordinary Wear
Oregon law defines “ordinary wear and tear” as deterioration that happens from the intended use of the property—and not from neglect, carelessness, accident, or abuse by the tenant, their guests, or pets.[2] Examples: Faded paint, worn keys, slightly loose doorknobs, and minor scuffs on the floor are normal. Broken windows, large holes in the wall, and missing blinds are not normal wear.
Courts will often compare move-in to move-out condition. If the item is simply older or has “used up” part of its life, that’s wear and tear. If it’s damaged by tenant actions, it’s likely deductible.
How Courts Decide: Factors They Consider
- Age of the item: Older items (carpet, appliances) have a limited useful life. Normal decline is expected, and you can’t charge a tenant for the cost of full replacement if their actions only slightly accelerated wear.
- Documentation: Move-in/move-out checklists and clear, timestamped photos make or break a case.
- Type of damage: “Permanent” stains, burns, or pet damage are usually chargeable; small scuffs, loose hinges, or faded paint are not.
- Intent: Courts look at whether the damage was accidental or part of daily living.
Examples: Wear vs. Damage
| Item | Ordinary Wear? | Damage? | Notes |
|---|---|---|---|
| Carpet – faded or worn | Yes | No | Normal foot traffic over years |
| Carpet – burn holes, pet urine | No | Yes | Chargeable, but only for cost of patch/cleaning, not entire carpet unless ruined |
| Walls – minor nail holes | Yes | No | Common, not chargeable |
| Walls – large holes, graffiti | No | Yes | Chargeable; always take before/after photos |
| Blinds – faded by sun | Yes | No | Normal for older units |
| Blinds – missing or broken slats | No | Yes | Damage—deduct cost of repair/replacement |
| Appliances – worn but working | Yes | No | Usual aging |
| Appliances – missing knobs, broken glass | No | Yes | Chargeable |
Best Practices: Avoiding Disputes
- Give tenants a detailed checklist at move-in and move-out. Go room by room, and encourage them to note anything questionable.
- Take clear, timestamped photos (and ideally videos) before move-in and after move-out. These are your best defense if a dispute arises.
- Don’t charge for full replacement unless the item is ruined beyond repair or cleaning (and prorate for age/use where required).
- If you withhold for damage, provide a detailed, itemized list showing exactly what was deducted and why.