Landlords and tenants seldom find common ground when it comes to safety deposit deductions, mostly due to the confusion over what falls under ‘wear and tear’ and what is categorized as ‘damage’.

Landlords have the authority to charge the tenant for any damage they may have caused during their stay. However, the same cannot be said for wear & tear.

What classifies as ‘wear and tear’?

Wear & tear is different from damage and can be defined as natural deterioration with time. Different household items have different life spans. Electronic utilities such as the refrigerator or the oven can be used without any issues for about 10-15 years. However, the paint may wear off in about 3-4 years. Similarly, carpets and curtains may need to be replaced every 4-5 years.

It is crucial to understand this difference. As a landlord, you cannot expect everything to be in perfect condition for years together. Charging the tenant for a worn-out carpet is not the right thing to do here, morally as well as legally.

What classifies as ‘damage’?

Damages can be identified as vandalism/destruction caused intentionally or by accident. For example, if the tiles have cracked or the window panes are shattered, the landlord can charge the tenant for the damage to the property.

There are usually three types of damages that can be considered –

Accidental damage – Occurring due to unexpected or unforeseen circumstances, such as coffee spilling on the living room rug.
Intentional damage – Caused knowingly by the tenant which will result in future expenses for the landlord, such as drilling holes in walls to hang pictures. However, these are usually not performed with malicious intent.
Malicious damage – Caused intentionally by the tenant knowing full well that it is a destruction of the property, such as digging up of trees or cutting of the bushes. These are acts of pettiness and vindictiveness, usually done to spite the owner.

The landlord needs to conduct a move-in and move-out inspection before and after the tenant occupies the apartment and document if all the systems are in proper working order. This way both parties have an accurate idea of pre-existing and new damages to the property.

Now that we have understood the difference between wear & tear and damage, let’s discuss how you can handle the damage caused to your San Mateo property.

Damage or wear and tear – How do you decide?

Things are fairly simple when the tenant acknowledges the damage and agrees to fix it themselves or pay for the repair. You can either charge it to the next month’s rent or deduct that amount from the safety deposit.

However, things get slightly tricky when it is unclear if it is damage or wear & tear. If the deterioration crosses a certain threshold, you can claim it as damage. Here is where disputes may occur.

Whether you can claim the defect as damage or not will depend entirely on the local law that applies to San Mateo.

There is a thin line between wear and tear and damage. In some instances, things are crystal clear while in others, you may need legal help to figure out the nuances. Bayside Management is a renowned property management company in San Mateo that helps you handle your San Mateo rental with ease and efficiency.

Founded in 1982 in Marin County, Bayside Management has expanded to offer full-service San Mateo property management to the entire San Francisco Peninsula. We manage single-family properties, multi-unit complexes, commercial properties, and homeowner associations. Contact us for any San Mateo property management needs.