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For renters and landlords
Can my landlord charge for carpet and paint after I move out?
Generally, only for damage. Nearly every state's deposit law says a landlord can't take money from the security deposit for normal wear and tear: the slow, expected wear that comes from living in a place. Faded paint and carpet worn down by walking are the classic examples. Holes, burns, large stains and broken fixtures are usually damage.
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Quick answer
- Wear and tear is deterioration from normal, careful use. The landlord pays for it.
- Damage comes from an accident, carelessness, neglect or misuse. It can come out of the deposit, up to what the repair reasonably costs.
- How long you lived there matters. Paint and carpet that wore out over years of normal use are not the last tenant's bill.
- The argument is almost always about the record: what the place looked like at move-in compared with move-out.
Common examples
These are typical examples, not rules. The outcome depends on the facts: how bad it is, what caused it, its condition at move-in, and how long the tenancy lasted.
| Usually normal wear and tear | Usually damage |
|---|---|
| Paint faded, dull or lightly scuffed after normal living | Holes, gouges or large marks in walls; unapproved paint colors |
| A few small nail holes from hanging pictures | Many large holes, anchors ripped out, wall damage from mounting a TV |
| Carpet worn thin in walkways, slight matting | Burns, rips, large stains, pet urine damage |
| Light scratches on wood floors from furniture | Deep gouges, water damage from a leak the tenant didn't report |
| Loose door handles, worn hinges, sticky locks | Broken doors, broken windows, missing fixtures |
| Faded curtains or blinds from sunlight | Torn, bent or missing blinds |
| Grout and caulk discolored with age | Mold from never ventilating or cleaning |
| Normal dust and light dirt | Heavy grime or trash left behind (see "Cleaning" below) |
What the law says, in plain words
- Nearly every state's deposit law excludes normal wear and tear. A few don't use the phrase. Nebraska, for example, limits deductions to unpaid rent and damage from the tenant breaking the lease or their legal duties as a tenant. The wording differs elsewhere too: "ordinary wear and tear" in California, "reasonable wear and tear" in Massachusetts, "wear resulting from ordinary use" in Washington.
- Wear builds up over the years. California says the landlord can't charge for ordinary wear and tear, including the cumulative effects of wear and tear over one or more tenancies (Civil Code § 1950.5(e)(2)(A)). Massachusetts' top court said in 2025 that normal living is expected to wear a place down until it needs painting, carpet repair or similar refurbishment, and that deductions for that violate the deposit law. Whether a specific item is wear and tear depends on the facts, including how long the tenant lived there (Peebles v. JRK Property Holdings).
- Repair charges are limited to what's reasonable to return the unit to its move-in condition, not to make it better than it was (California § 1950.5(e)(1)–(2)).
Some states are very specific
- Colorado (since January 1, 2026): no carpet replacement charge if the carpet is more than 10 years old, and no interior repainting charge unless there's substantial damage beyond normal wear and tear.
- Washington: faded paint and traffic-worn carpet are not deductible, and items not on the signed move-in checklist can't be charged.
- Massachusetts: no deductions for painting or carpet repair caused by reasonable wear; the facts decide each case (Peebles, 2025).
Cleaning
- California: cleaning can be charged only to bring the unit back to the level of cleanliness it had at move-in (§ 1950.5(b)(3)). Professional carpet cleaning or other professional cleaning can't be charged unless it's reasonably necessary to return the unit to its move-in condition, not counting ordinary wear and tear (§ 1950.5(e)(2)(C)).
- Massachusetts: a lease clause requiring a "professionally cleaned" unit at move-out, with deposit deductions for painting or cleaning regardless of wear and tear, is void (Peebles, 2025).
- Other states: "cleaning" generally can't be used to charge for normal living. Check your state's page.
What settles the argument: a record from both ends
Most deposit disputes come down to one question: was it like that when the tenant moved in?
- Record the place at move-in. Go room by room before unpacking. Take photos of the walls, floors, carpet, appliances and anything already damaged, and write it down. Some states require a move-in record: Washington needs a signed checklist before a deposit can be kept, New York requires the landlord to offer a joint move-in inspection, and California requires landlords to take move-in photos for tenancies that start on or after July 1, 2025.
- Send the list in writing and keep a copy, so there's a dated record both sides saw.
- Ask for a walk-through before you move out if your state allows it. Colorado (since 2026), New York and California give a right to a pre-move-out inspection. It's a chance to fix small things before they become deductions.
- Record it again at move-out, the same rooms from the same angles.
- Ask for the photos and receipts behind any charge. California landlords must take photos after move-out (before repairs) and after repairs (since April 1, 2025), and must send receipts or invoices when repair and cleaning charges add up to more than $125.
State rules
Your state sets the deadline, what the itemized list must show, and whether a move-in record is required. Check the rules for the state the rental is in.
- California
- Deadline: 21 days after the tenant vacates and returns possession
- Move-in record: Landlord photos at move-in (tenancies from July 1, 2025) and before/after deducted repairs; pre-move-out inspection on request
- Colorado
- Deadline: Return or statement of reasons within 30 days after the lease ends or surrender (lease may extend to 60)
- Move-in record: Landlord or tenant may request a walk-through inspection before the lease ends
- Florida
- Deadline: 15 days after move-out (30 days to send a certified-mail claim notice)
- Move-in record: No statutory move-in checklist, photo, or inspection requirement
- Georgia
- Deadline: Return or statement of reasons within 30 days after the landlord regains possession
- Move-in record: Covered landlords: move-in damage list before collecting a deposit; move-out inspection within 3 business days
- Illinois
- Deadline: Itemized statement within 30 days of move-out; else full deposit within 45 days
- Move-in record: No move-in checklist rule in the deposit statute; dated move-in and move-out photos advised
- Massachusetts
- Deadline: 30 days after the tenancy ends, with interest and a sworn itemized damage list
- Move-in record: Statement of Condition at deposit or within 10 days (whichever later); tenant has 15 days from receipt or move-in (whichever later)
- Nevada
- Deadline: Return or itemized accounting within 30 days after tenancy ends and tenant surrenders possession
- Move-in record: Written leases must provide for a signed inventory and condition record; photos not required
- New York
- Deadline: 14 days after the tenant vacates
- Move-in record: Landlord must offer joint move-in inspection + signed condition agreement; pre-move-out inspection right
- Texas
- Deadline: 30 days after tenant surrenders the premises (refund conditioned on a forwarding address)
- Move-in record: No statutory move-in checklist, condition report, or photo requirement
- Washington
- Deadline: 30 days after termination and vacation, with specific statement and documentation
- Move-in record: Signed move-in condition checklist required to collect a deposit; undocumented items not deductible
Frequently asked questions
Can my landlord charge me to repaint after I move out?
Not for normal fading or light scuffs from living there, especially after a long tenancy. Repainting can be charged when walls are damaged beyond normal use, like large holes or unapproved colors, and only what's reasonable. Colorado bars repainting charges unless there's substantial damage beyond normal wear and tear.
Can my landlord charge for new carpet?
Not for carpet that wore out from normal walking, and not for the cumulative wear of years of use. Burns, rips, pet damage and large stains can be charged, generally only what's reasonable for the carpet's condition. In Colorado, a carpet older than 10 years can't be charged for at all.
Is a professional cleaning fee allowed?
It depends on the state. In California it's allowed only if it's reasonably necessary to return the unit to its move-in cleanliness. In Massachusetts, a lease clause requiring a "professionally cleaned" unit, with deductions even for normal wear, is void.
What if there are no move-in photos?
Then it's your word against theirs. Some states put that risk on the landlord: in Washington, items not on the signed move-in checklist can't be charged. Everywhere, a dated move-in record is the best protection for both sides.
Do I have to be there for the move-out inspection?
Usually it isn't required, but some states give tenants rights around it. In Arizona the tenant may attend on request. New York, California and Colorado allow a walk-through before move-out. See your state's page.
Sources
Official text first. California was checked on the official site and the Massachusetts opinion read on October 21, 2026; Colorado, Washington, New York, Arizona and Georgia come from our reviewed state guides, which cite their statutes.
- California Civil Code § 1950.5 (as amended by AB 414, effective January 1, 2026)
- Peebles v. JRK Property Holdings, Inc., SJC-13702 (Mass. Supreme Judicial Court, August 1, 2025)
- Massachusetts General Laws c. 186, § 15B
- Nebraska Revised Statutes § 76-1416
- Colorado HB25-1249, Tenant Security Deposit Protections (C.R.S. § 38-12-103)
This guide is general information, not legal advice. Deposit rules change and depend on the facts; check your state's law or a local tenant or landlord resource before acting.
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