Normal wear and tear vs damage: what a landlord can deduct from the deposit
By Giridhar Reddy, founder of Domvio, Bengaluru
Published
Normal wear and tear is the slow decline that comes from living in a home: faded paint, worn floors, loose hinges. Damage is harm beyond ordinary use, such as a cracked tile or a burnt worktop. In India a tenant must return the home in the condition received, except for reasonable wear and tear, so deductions should cover damage only.
This is a sample for general information, not legal advice. Laws differ by state. It has not yet been reviewed by a lawyer. Have a lawyer examine it for your situation before you use or rely on it.
What the law says
Section 108(m) of the Transfer of Property Act, 1882 says the tenant must keep the property, and return it at the end, "in as good condition as it was in" when they moved in, "subject only to the changes caused by reasonable wear and tear or irresistible force" (section 108). Irresistible force means events nobody controls, such as a flood or an earthquake.
- The agreement comes first. Section 108 applies "in the absence of a contract or local usage to the contrary", so a clause in your rent agreement, such as one that makes the tenant pay for repainting, changes the default.
- The owner can inspect during the tenancy. Under the same clause the owner may enter at reasonable times to check the home and give notice of any defect. If the tenant caused it, the tenant must make it good within three months of that notice.
- The Model Tenancy Act splits repairs. Where a state has adopted it, the landlord handles structural repairs and whitewashing of walls and doors, and the tenant handles things like drain cleaning, geyser repairs and kitchen fixtures (PRS summary).
Wear and tear or damage? Room by room
| Part of the home | Normal wear and tear (owner's cost) | Damage (can be deducted) |
|---|---|---|
| Walls and paint | Paint faded by sunlight, light marks where furniture stood | Holes from drilling without permission, crayon or ink, damp from a tap left running |
| Floors | Worn polish, light scratches in walkways, a dull finish | Cracked or chipped tiles, deep gouges, burns, stains from spills left to soak |
| Doors and windows | Loose hinges, sticky latches, worn handles | A broken glass pane, a door forced off its hinges, broken mosquito mesh |
| Kitchen | A worn tap washer, dull steel sink, ageing chimney filter | A burnt or cracked worktop, broken cabinet doors, a chimney clogged from no cleaning |
| Bathrooms | Grout that has darkened, a worn flush mechanism | A cracked washbasin or commode, a broken shower fitting, blocked drains from misuse |
| Furniture and appliances | Faded upholstery, a sagging old mattress, an appliance that fails with age | Torn upholstery, a broken bed frame, an appliance damaged by misuse |
| Electrical | A bulb or tube light that burns out | Switchboards or sockets damaged by overload or rough use |
Two questions settle most cases. Would this have happened if a careful person lived here for the same time? And did it happen slowly, or in one event? Slow, expected decline is wear and tear. A single event or careless use is damage.
How much can be deducted for damage?
- The actual cost of repair, shown with a bill or a quote. A round figure with no bill is hard to justify.
- Repair, not an upgrade. If a five-year-old wardrobe door breaks, the fair charge is fixing that door, not a new wardrobe.
- Allow for age. Things wear out anyway. Charging the full price of a new mattress for one that was already old when you moved in is not fair to the tenant.
- Only what the tenant caused. Damage from a leak in the building, a storm or old wiring is not the tenant's cost.
A deposit settlement should list each deduction with its amount and the reason, so the tenant can check it. The rent notice letter generator makes a deposit refund statement in that format, and our guide to getting your deposit back covers the tenant's side.
What about painting and deep cleaning?
Repainting after a normal stay is usually wear and tear, so it is the owner's cost unless the agreement says the tenant pays for it. The same goes for professional cleaning: a tenant is expected to leave the home reasonably clean, but a full deep clean is a charge only if the agreement says so. If you are signing an agreement with a painting clause, check whether it says a fixed amount or the actual cost, and whether it applies after a short stay.
Evidence decides most disagreements
List and photograph everything at move-in
Walk through the home together and note the condition of each item, with dated photos. A signed move-in checklist is the single best piece of evidence for both sides.
Report problems as they happen
Tell the owner in writing when something breaks or wears out, with a photo. It shows the problem was not hidden and lets the owner fix it before it gets worse.
Check the same list at move-out
Inspect together, photograph from the same angles, and agree what is new damage. Anything not on the list at move-in is the hardest to argue about.
For landlords: records that make move-out simple
Domvio lets tenants raise maintenance requests with photos and a priority, so there is a dated record of what broke and when. It also stores the lease and KYC documents and sends a PDF receipt for every rent payment on WhatsApp. It does not inspect homes or settle deposits. See the rent collection app.
Frequently asked questions
What is considered normal wear and tear in a rented flat in India?
The gradual decline that comes from ordinary living: faded paint, worn floor polish, loose hinges, an ageing mattress, a tap washer that wears out. Section 108(m) of the Transfer of Property Act excludes it from what a tenant must restore.
Can a landlord deduct painting charges from the deposit?
Only if the agreement says so. Otherwise repainting after a normal stay is usually wear and tear, which the owner pays for.
Who pays if an appliance stops working?
If it failed with age or normal use, usually the owner. If it was damaged by misuse, the tenant. Under the Model Tenancy Act, where adopted, geyser repairs are the tenant's job.
Can a landlord charge the full cost of a new item?
A fair charge is the cost of repairing the damage, allowing for the item's age. Replacing an old item with a new one at the tenant's expense is an upgrade, not a repair.
What if there was no move-in inspection?
Then both sides have to rely on photos, messages and the agreement. That makes disputes harder, which is why a signed checklist at move-in is worth the half hour.
Stop chasing rent every month
Domvio reminds your tenants on WhatsApp, takes rent straight to your UPI ID and sends PDF receipts automatically. Free during early access.