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Q.Can the landlord deduct normal wear and tear from my security deposit?

A.A tenant is not responsible for normal wear and tear, and therefore normal wear and tear should not be taken out of a security deposit. Normal wear and tear is considered part of the rent. Only damage caused by misuse or intentional damage can be retained from a security deposit.

In the event you need to file a small claims action, bring pictures of the items claimed by the landlord along with verified statistics about how long he claimed damaged items should last. For example, carpet should only last 5 to 7 years, while linoleum has a life of 8 to 19 years depending on the grade.




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