What counts as normal wear and tear in Rhode Island?

Normal wear and tear is what happens to a home simply because people live in it, and in Rhode Island it cannot be deducted from your deposit under R.I.G.L. § 34-18-19.

Wear and tear (not chargeable): carpet worn along walking paths, paint faded by sun or aged past its lifespan, minor scuffs and nail holes, loose door handles, worn finishes. Damage (chargeable): pet stains, burns, large holes, broken fixtures, unauthorized paint, and filth requiring more than routine cleaning.

The distinction that decides disputes: time and normal use versus negligence or abuse. A five-year tenancy naturally consumes carpet and paint life; charging a long-term tenant full replacement cost is the classic overreach, and courts apply useful-life depreciation, so even genuine damage to old carpet is not worth new-carpet prices.

Evidence wins these arguments: move-in photos, move-out photos, and the walkthrough report. A tenant who can show the scuff existed at move-in, or that the "damage" is ordinary aging, is in a strong position.

If your deductions are really wear and tear in disguise, challenge them in a demand letter that names each charge, states why it is ordinary wear under Rhode Island law, and demands that portion back. Landlords defending wear-and-tear charges in District Court — Small Claims usually lose, and their lawyers know it.

The Rhode Island rules at a glance. Governing statute: R.I.G.L. § 34-18-19. Return deadline: 20 days. Statutory damages: up to 2x the deposit for wrongful withholding. Attorney's fees: recoverable in qualifying cases. Court for disputes: District Court — Small Claims, claims up to $5,000.