Short answer: normal wear and tear is the landlord's cost, not yours. Your landlord can deduct for damage you or your guests caused beyond that wear, but not for the ordinary aging of the unit, and the remaining deposit (or an itemized statement) must come back to you by a deadline set by state law.
Wear and tear (landlord's cost) vs. damage (tenant's cost)
Every state in our research draws the same line, even when the wording differs: deterioration from normal, intended use of the unit is the landlord's cost to absorb, while harm caused by the tenant's negligence, carelessness, accident, or abuse can be deducted from the deposit. Texas defines it directly:
"'Normal wear and tear' means deterioration that results from the intended use of a dwelling... but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant.", Texas Property Code §92.001(4)
Washington's statute states the same rule from the landlord's side, as an outright bar on withholding for it:
"No portion of any deposit may be withheld: (i) For wear resulting from ordinary use of the premises.", RCW 59.18.280(1)(c)(i)
Massachusetts allows a deduction only for actual damage, and says so in the same breath it excludes wear and tear:
"a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded.", Mass. Gen. Laws c.186, §15B(4)
Not every state uses the phrase "wear and tear" at all. Florida's statute never does. Instead, it limits deductions to a disputable "claim" against the deposit, with its own notice-and-objection process (covered below). Don't assume every state's statute uses the same words; confirm what your own state's text actually says.
The itemized-statement requirement
In nearly every state checked, a landlord who wants to keep any part of the deposit must put the deduction in writing, itemized. New York ties this to an outright forfeiture:
"Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.", N.Y. General Obligations Law §7-108(1-a)(e)
Colorado and Massachusetts also forfeit the landlord's right to withhold anything if the statement is late. Illinois requires receipts with the itemized statement and defaults to a full refund if none is sent. Ohio, Arizona, North Carolina, Michigan, Pennsylvania, and Virginia all require an itemized list or written notice of any deduction, even without a spelled-out forfeiture penalty.
Return deadlines vary by state
There is no single national deadline: it runs from 14 to 45 days after move-out, usually via the same document that carries the itemization. A few real examples:
- New York: 14 days, forfeiture if missed (Gen. Obligations Law §7-108(1-a)(e))
- Florida: 15 days if no claim is made; if the landlord does intend to claim damages, 30 days for written notice, then the tenant gets 15 days to object (Fla. Stat. §83.49(3)(a))
- California: 21 calendar days (Civil Code §1950.5(g)(1))
- Colorado: one month, up to 60 days if the lease allows (C.R.S. §38-12-103(1))
- Texas, Washington, Ohio, Georgia, North Carolina, Michigan: 30 days (e.g. Property Code §92.103, RCW 59.18.280(1)(a))
- Illinois: 30 days for the itemized statement, or 45 days to refund in full if none is sent (765 ILCS 710/1(a))
- Pennsylvania, Massachusetts: 30 days (68 P.S. §250.512(a); Mass. Gen. Laws c.186 §15B(6)(b))
- Virginia: 45 days (Va. Code §55.1-1226(A))
Florida's process runs backwards from most states: a return-first-or-notice-first fork rather than one flat deadline:
"if the landlord does not intend to impose a claim on the security deposit, the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement. If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice.", Fla. Stat. §83.49(3)(a)
Find your state's exact rule
The deadline, the itemization requirement, and how "damage" is defined all vary by state, so check the current statute for where you live before you dispute a deduction. Browse your state's page on our state directory, or ask if your case doesn't fit neatly.
This is general information, not legal advice. Confirm your state's current statute before you act.