Landlords can potentially build their personal wealth by accruing equity in residential properties. However, every tenant is theoretically a threat to the property that they own. After a tenant leaves, a landlord could discover significant damage to the rental unit.

They then have to make costly repairs before a new tenant can take possession of the property. Landlords in New York can retain some or all of the tenant’s security deposit to cover repair costs when necessary. However, a tenant is not responsible for normal wear and tear to a residential unit.

How can a landlord prove that property issues are actual damage, and not standard wear and tear?

Some damage is standard in an inhabited unit

Tenants making use of a space and its amenities can cause slow degradation to the unit over time. Tenants walking in their own units can cause compression of the carpeting and the padding underneath. The sun coming in through windows can fade carpeting and paint inside a building.

Appliances become less efficient with age and may require repairs or outright replacement. Aging electrical sockets, peeling linoleum floors, mild scratches to the floors, signs of wearing on countertops and chipped paint also constitute normal wear and tear. So does the creation of small holes in the wall from hanging pictures.

A landlord is unlikely to recover the costs related to such damages because they are standard wear that occurs during occupancy. However, actual damage to the unit is another story entirely. Large holes or gouges in the wall, possibly caused by an emotional outburst, are not standard wear and tear. Neither is an accumulation of smoke residue from tobacco use inside the unit.

Broken windows, tears to the screens, rips in wallpaper or burn damage on countertops can all constitute recoverable repairs. Pet smells, carpet stains, broken faucets, damaged door knobs and alterations made to the apartment without written approval could all be damages that a landlord can request compensation to repair.

Documentation is key in security deposit cases

If a landlord wants to make a claim against a tenant’s security deposit, then they need proof of the damages. Pictures of the unit before the tenant assumed possession and after they vacate can help establish that the damage to the unit is relatively new.

Statements from maintenance and repair professionals can also help validate the extent and origins of the damage, as well as the likely expenses to repair the damage. Landlords have to carefully comply with New York rules when reporting the damage to the tenant and retaining part of their security deposit.

Landlords who learn more about security deposit rules can improve their chances of covering the costs of unexpected repairs to a unit. Learning about the difference between basic wear and significant damage can help landlords hold destructive tenants responsible for the impact they have on a space.

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