What constitutes beyond reasonable wear and tear in Massachusetts?

Full question:

This past weekend, our tenant of 11 years moved. She was a Section 8 tenant and moved in to the apartment after it had been completely renovated and updated after a major fire, so everything was brand new and she was the sole tenant from 1999 to the present. She went on Section 8 in 2001 or 2002. Within the next 30 days, we'll be giving her back the security deposit. But, we are extremely disappointed and upset at how she left the apartment, Though there is no actual 'damage,' what is considered 'beyond reasonable wear and tear?' The walls, which were eggshell in color, are now orange (I mean ORANGE) after 11 years of smoking, even after asking her verbally to smoke outside. It is obvious the walls have never been washed, along with the blinds which also turned orange. She was supposed to leave the apartment 'broom swept,' yet it is too obvious that she didn't even wipe down the counters, wash the floor, or Easy-off the stove. Yes, we did the walk-through looking for damage, and I commented to her about the condition of the apartment. Her flip answer was 'what do expect after 11 years - it's all wear and tear.' I commented back that she could at least have wiped the counters and washed the floor (ceramic tiles with ground-in dirt!). So, again, in the state of Massachusetts, what is considered 'beyond reasonable wear and tear.' We definitely need to get a professional cleaning crew in the apartment to clean it up before we hire painters, etc. What rights, as landlord, do we have? At a minumum, can we deduct the cost of hiring professional cleaners?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Massachusetts

Answer:

Reasonable wear and tear refers to the normal deterioration of a property from everyday use. Over time, more wear can be expected, especially with long-term tenants. In Massachusetts, the law does not define what constitutes reasonable wear and tear, leading to subjective interpretations. Generally, normal wear, like carpet wear from foot traffic, is acceptable, while avoidable damage, such as cigarette burns, is not.

In your case, the significant discoloration of the walls and blinds from smoking, along with the lack of cleaning, may be considered beyond reasonable wear and tear. The expectation for the apartment to be left 'broom swept' typically means it should be free of debris, but many leases also require a thorough cleaning.

According to Massachusetts law (G.L.c. 186, § 15B), you can deduct from the security deposit for damages beyond normal wear and tear. This includes costs for professional cleaning if it is necessary to restore the apartment to a rentable condition. You must provide an itemized list of damages and their costs within thirty days after the tenant moves out.

It’s crucial to document the condition of the apartment before and after the tenancy to support any deductions made from the security deposit.