Normal Wear & Tear vs. Damage
Under Maine Law 14 M.R.S. § 6033, a landlord may not keep any portion of a security deposit to cover the cost of normal wear and tear. The deposit may only be retained for:
- Unpaid rent
- Actual damage to the premises that goes beyond normal wear and tear
- Cleaning expenses-if the tenant left the unit dirty and in need of cleaning before a new tenant can move in
Normal wear and tear: Natural and gradual deterioration due to everyday use over time. These are the LANDLORDS responsibility to repair and pay for
Damages: Destruction or deterioration beyond normal use cause by neglect, carelessness, accident, or abuse. These are the TENANT's responsibility to pay for and will be deducted from security deposit.
Examples of normal wear and tear vs damage below (not a complete list)
| Area | Wear & Tear | Damage |
|---|---|---|
| Walls & Paint | Minor scuffs, faded paint, minor nail holes | Large or excessive holes from mounting TV/shelve, torn or stained drywall, peeling paint, stickers, excessive nail holes, crayon or market damage |
| Flooring | Minor fading, light dirt, minor scratches | Burns, large stains, pet damage/odor, deep gouges, water damage |
| Windows | Minor dust, dirty glass | Broken glass, screens, rods, blinds, or tracks. Stickers on windows. |
| Doors | Loose hinges, minor sticking | Holes, broken locks, door off hinges, stains |
| Plumbing Fixtures | Aging faucets, minor staining in toilet, tub or sink. | Clogged drains due to tenant misuse, broken toilet tank, broken fixtures, staining, excess soap scum |
| Appliance | Worn but functioning | Lack of cleaning, broken parts, missing shelves, burnt on grease/grime in oven or stove pans |
| Cabinets/ Counters | Loose hinges/handles, faded finishes | Burns, deep cuts, water damage, stains, missing shelves |
| Cleaning | Minor dust | Lack of basic cleaning, filth/pests, animal urine/odor, cigarette odor/staining |
| Smoke Detectors | Working older unit needing replacement due to age | Missing, removed, damaged unit |
Please Clean Unit Thoroughly
Do more than a basic tidy up-think of returning the unit in the condition it was given, minus normal wear & tear.
- Vacuum/sweep all floors
- Clean kitchen (including oven, stovetop, fridge, dishwasher, sink, cabinets
- Scrub bathroom (toilet, tub, sink, shower, mirrors)
- Wipe down walls, baseboards, light switches, baseboard heaters
- Clean windows/dust binds
- Clean out utility closet/deck
Thank you!