What is the difference between wear and tear and damage?

Normal wear and tear is the expected, gradual deterioration of a property resulting from everyday use. Damage refers to destruction caused by abuse, negligence, or accidents that go beyond standard living conditions.

How can I dispute an unfair security deposit deduction?

You should send a formal demand letter to your landlord citing your state's security deposit laws, attaching your move-in/move-out photos, and requesting a refund of the disputed amount within a specific timeframe.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features. One-time purchases are also available: a single score for $5 or a 5-pack for $15, with no subscription required.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Is it legal for a landlord to charge for normal wear and tear after move out?

Q: Is it legal for a landlord to charge for normal wear and tear?

No. In almost every U.S. jurisdiction, landlords are legally prohibited from deducting the costs of normal wear and tear from a tenant's security deposit. These costs are considered a standard business expense of property ownership.

Is it legal for a landlord to charge for normal wear and tear?

No, it is not legal for a landlord to charge for normal wear and tear. Security deposits are intended to cover damages caused by tenant negligence or abuse, not the natural, gradual deterioration that occurs through standard daily use of a rental property over time.

Key takeaway: If your landlord deducts money for items that have reached the end of their useful life or show signs of standard aging, they are likely violating state law and your lease agreement.

Defining Normal Wear and Tear vs. Property Damage

Understanding the distinction is critical for protecting your security deposit. Courts generally define "normal wear and tear" as the inevitable decline in the condition of a property despite reasonable care. Conversely, "damage" is the result of carelessness, accidents, or intentional misuse.

Examples of Normal Wear and Tear

Faded paint or wallpaper due to sunlight exposure.
Minor scuffs on walls from furniture placement.
Worn carpet in high-traffic areas (hallways, entryways).
Loose door handles or slightly sticking windows.
Dust accumulation in ventilation systems.

Examples of Tenant Damage

Large holes in walls from mounting heavy televisions or shelves.
Deep gouges, pet urine stains, or burns on flooring.
Broken windows or shattered mirrors.
Missing fixtures or appliances.
Excessive filth requiring professional deep cleaning beyond standard turnover.

Action Item: Before you move out, compare your current unit condition against your move-in checklist. If you didn't create one, take high-resolution photos of every room to establish a baseline.

The Useful Life Standard

Landlords cannot charge you for the full replacement cost of an item if it was already nearing the end of its "useful life." Most states and tax authorities (like the IRS) use depreciation schedules to determine how long an item should last.

Item	Average Useful Life (Years)
Interior Paint	3–5
Carpeting	5–10
Appliances	10–15
Window Blinds	3–5
Hardwood Floors	20+

If a carpet is 8 years old and you leave a stain, the landlord cannot charge you for a brand-new carpet. They can only charge for the remaining value of the old carpet, which, in this case, would be negligible.

Action Item: Ask your landlord for receipts and the age of any item they claim you damaged. If the item is older than its useful life, dispute the charge immediately.

Steps to Dispute Unfair Deductions

If you receive an itemized statement of deductions that includes wear and tear, follow this process to recover your funds:

Review Your Lease: Check for specific clauses regarding move-out requirements and cleaning fees.
Send a Demand Letter: Write a formal letter stating that the deductions are for normal wear and tear, which is not legally chargeable.
Attach Evidence: Include your move-in and move-out photos as proof of the property's condition.
Cite State Law: Reference your specific state's security deposit statute (e.g., California Civil Code 1950.5 or New York General Obligations Law 7-108).
File in Small Claims Court: If the landlord refuses to refund the money, small claims court is an effective, low-cost venue that does not require an attorney.

Key takeaway: Always keep a paper trail. Never communicate via phone calls alone; follow up every conversation with an email summarizing what was discussed.

How TermScore Protects Your Rights

Navigating complex lease agreements can be overwhelming, especially when trying to identify predatory clauses regarding security deposits. TermScore uses advanced AI to analyze your rental contract, flagging unfair terms and highlighting your rights before you sign. By identifying "wear and tear" loopholes in your lease, TermScore empowers you to negotiate better terms and avoid unexpected charges when you eventually move out.