Wear & Tear vs Damage: What Landlords Can Deduct from Your Rental Deposit

When your tenancy ends in Singapore, the critical question isn't whether you'll get your security deposit back—it's how much you'll receive. Landlords can legally deduct from your deposit for damage beyond normal wear and tear, but only when specific conditions are met and proper procedures are followed. Understanding the distinction between fair wear and tear and actionable damage is essential for protecting your deposit refund and avoiding disputes.

This guide clarifies what constitutes legitimate deductions, how landlords should handle them, and what steps you can take if you believe deductions are unfair. Whether you're a tenant protecting your financial interests or a landlord managing a property, Homejourney provides the clarity you need to navigate deposit disputes confidently.

What Is Fair Wear and Tear?

Fair wear and tear refers to deterioration from normal, reasonable use and natural ageing of the property. This is the foundation of deposit protection in Singapore rental law. Landlords cannot deduct for these items because they represent the expected decline of a property over time.

Common examples of fair wear and tear in Singapore rentals include:

Faded wall paint after a 2-year lease in a Bishan 4-room HDB
Slightly worn laminates or hairline scratches on vinyl flooring in a Tiong Bahru walk-up
Minor discolouration of bathroom fittings from regular use
Normal mattress sagging or sofa fabric softening over time
Small scuff marks on walls from furniture movement
Blown light bulbs or worn-out door handles
General yellowing of walls in a 10-year-old HDB flat

The key principle: if the deterioration results from normal occupancy without negligence or misuse, it's fair wear and tear. Landlords bear the cost of routine refurbishments, such as wall painting, under Singapore common law. This protects tenants from being penalised for simply living in the property.

What Constitutes Damage Beyond Fair Wear and Tear?

Damage beyond fair wear and tear is deterioration caused by tenant negligence, misuse, or breach of the tenancy agreement. These are the only legitimate grounds for landlord deductions from your security deposit.

Examples of damage landlords can deduct for include:

Large holes or deep gouges in walls (not minor scuffs)
Broken windows or damaged glass doors
Stains or damage to carpets from spills or accidents
Broken tiles, cracked bathroom fixtures, or damaged plumbing
Burnt stovetop surfaces or damaged kitchen appliances
Broken locks, hinges, or door frames
Damage from pets (scratches, stains, odours) if not permitted in the lease
Structural damage from improper use (e.g., holes from mounting heavy items)
Unpaid utility bills or outstanding rent

The critical distinction: damage must be beyond what reasonable use would cause. A single nail hole for a picture frame is fair wear and tear; multiple large holes from improper mounting are damage. A small kitchen stain is normal; extensive burn marks or grease buildup from neglect are deductible.

Legal Framework for Deposit Deductions in Singapore

Singapore rental law operates on contractual and common law principles rather than statutory rent control. There is no statutory cap on security deposits, but market norms of 1-2 months' rent are standard. The average rental deposit in Singapore is around $4,000 SGD, according to market data.

Key legal principles governing deductions:

Contractual basis: Deductions must be outlined in your tenancy agreement. If the lease doesn't specify conditions for deduction, landlords have limited grounds to withhold funds.
Proof requirement: Landlords must provide evidence of damage—repair quotations, invoices, or photographs—to justify deductions.
Reasonable cost principle: Repairs must be replaced with items of equal value, not upgraded to brand-new high-end replacements. Landlords cannot profit from deductions.
Written notice: Before deducting, landlords should send written notice (email or messaging app) stating specific damage items, photo evidence, repair quotations, and a response deadline (typically 7-14 days).
Opportunity to repair: Many tenancy agreements require landlords to give tenants time to arrange repairs before unilaterally deducting from the deposit.

Deposit return timeline: Landlords must refund the deposit within 14 days post-termination or as specified in your lease agreement. A reasonable timeframe is 7-30 days, allowing for inspections and repairs. For HDB rentals, the same return rules apply, though HDB subletting approval requirements may affect dispute resolution.

Step-by-Step: How Landlords Should Handle Damage Deductions

For landlords managing rental properties, following proper procedures protects your legal position and maintains tenant relationships. For tenants, understanding these steps helps you anticipate and dispute unfair deductions.

Step 1: Document Pre-Move-In Condition

Before tenancy begins, conduct a joint inspection with the tenant and photograph every room, including walls, flooring, fixtures, and appliances. Both parties should sign the inspection report. This baseline documentation is critical—without it, you cannot prove damage occurred during the tenancy. Include close-up photos of existing wear, stains, or damage.

Step 2: Assess Damage at Move-Out

Conduct a thorough move-out inspection. Take photos and videos of all damage, comparing them against pre-move-in documentation. Ask yourself: Is this item old or near end-of-life? Did the tenant use it normally? Was the defect already present at move-in? If the answer to these questions suggests fair wear and tear, do not deduct.

Step 3: Obtain Repair Quotations and Invoices

Get written quotes from contractors for repairs or replacements. These quotations serve as proof of actual costs. If you proceed with repairs, keep invoices and receipts. This documentation is essential if the tenant disputes the deduction or escalates to the Small Claims Tribunal.

Step 4: Notify the Tenant in Writing

Before deducting, send a formal written notice (email + messaging app) that includes:

Specific damage items and relevant tenancy clauses
Photo evidence and repair quotations
Whether you're asking the tenant to repair or proposing to deduct from the deposit
A response deadline (commonly 7-14 days)

This gives the tenant an opportunity to respond, negotiate, or arrange repairs themselves. Many disputes arise from surprise deductions without prior notice.

Step 5: Make Deductions and Provide Itemized Statement

If proceeding with deductions, provide an itemized statement showing each damage item, repair cost, and the calculation. Return the balance of the deposit promptly. Transparency prevents disputes and demonstrates good faith.

Protecting Your Deposit: Practical Tips for Tenants

As a tenant, you can take proactive steps to protect your deposit and minimize deduction disputes.

Document Everything from Day One

On move-in, take photos and videos of every room, including walls, flooring, appliances, and fixtures. If your landlord doesn't conduct a joint inspection, send them your photos via email with a timestamp. This creates a record of the property's condition when you took occupancy.

Keep Your Tenancy Agreement Clear

Ensure your lease specifies the deposit amount, return timeline (ideally 14 days), and conditions for deduction. Request a firm refund deadline in writing. Ambiguous agreements lead to disputes—clarity protects both parties. If your landlord hasn't provided a signed lease, request one immediately.

Maintain the Property Properly

Clean regularly, fix minor issues promptly, and report maintenance problems to your landlord in writing. If something breaks due to normal wear (e.g., a light bulb), replace it yourself. Document any pre-existing damage or maintenance issues your landlord should address.

Request a Move-Out Inspection

Before vacating, ask your landlord to conduct a joint move-out inspection. This allows you to address minor issues before they become deduction grounds. If your landlord refuses, document the property condition yourself with timestamped photos and video.

Keep Communication Records

Use email or messaging apps (WhatsApp, Telegram) for all landlord communication. This creates a written record of agreements, damage reports, and repair requests. Verbal agreements are difficult to prove if disputes arise.

Resolving Deposit Disputes: Your Options

If your landlord makes deductions you believe are unfair, you have several options for resolution.

Negotiation and Mediation

First, contact your landlord in writing, explaining why the deduction is unjustified. Reference your pre-move-in inspection photos and argue that the damage constitutes fair wear and tear. Many disputes resolve through respectful negotiation. If your landlord is open to discussion, propose a compromise or offer to pay for repairs yourself.

Community Mediation Centre (CMC)

If negotiation fails, the Community Mediation Centre offers free mediation services for tenancy disputes. Both parties meet with a trained mediator to reach a mutually acceptable resolution. This is faster and less costly than court proceedings. Contact your local CMC or visit their website for details.

Small Claims Tribunal

If mediation doesn't resolve the dispute, you can file a claim at the Small Claims Tribunal for amounts up to $20,000. This is a simplified court process designed for straightforward disputes. You'll present your evidence (photos, lease agreement, repair quotations) to a tribunal officer who makes a binding decision. Filing fees are modest (typically $10-$50 depending on claim amount).

Legal Advice

For complex disputes or large amounts, consider consulting a lawyer. Many offer free initial consultations. A lawyer can review your lease, assess your position, and represent you at the tribunal or in court if necessary.

Common Deduction Scenarios: Fair or Unfair?

To help you evaluate specific situations, here are common deduction scenarios and how Singapore law typically treats them:

Scenario 1: Faded Wall Paint
Landlord wants to deduct $800 for repainting all walls.
Verdict: Unfair. Faded paint is fair wear and tear. Landlords bear the cost of routine refurbishments. Unless the tenant caused deliberate damage (e.g., large holes, graffiti), wall painting is not deductible.

Scenario 2: Broken Kitchen Tiles
Tenant dropped a heavy pot, breaking three kitchen tiles. Landlord quotes $500 for replacement.
Verdict: Fair. This is damage beyond normal use caused by tenant negligence. The landlord can deduct the repair cost, provided they give the tenant written notice and opportunity to dispute.

Scenario 3: Worn Laminate Flooring
After a 3-year lease, the laminate shows scratches and discolouration. Landlord wants to deduct $2,000 for replacement.
Verdict: Unfair. Worn laminates after normal use are fair wear and tear. Landlords cannot deduct for cosmetic deterioration from everyday living. If the flooring is still functional, deduction is unjustified.

Scenario 4: Pet Damage
Tenant's dog scratched door frames and left stains on carpet. Landlord quotes $1,200 for repairs.
Verdict: Fair (if lease prohibits pets). If the lease forbids pets or requires pet deposits, damage from unauthorised pets is deductible. If the lease permits pets, the landlord must prove the damage exceeds normal pet wear and tear.

Scenario 5: Unpaid Utility Bills
Tenant left with $150 in unpaid electricity bills. Landlord deducts from deposit.
Verdict: Fair. Unpaid utilities are legitimate grounds for deposit deduction, provided the lease specifies tenant responsibility for utilities and the landlord provides proof of the outstanding amount.

For Landlords: Best Practices to Minimize Disputes

If you're a landlord managing rental properties, following best practices protects your interests and builds trust with tenants.

Use a Detailed Lease Agreement

Include clear clauses specifying:

Deposit amount and conditions for return
Circumstances for forfeiture or deduction
Tenant responsibility for maintenance and repairs
Notice requirements before deducting
Dispute resolution procedures

A well-drafted lease prevents misunderstandings and provides legal protection if disputes arise.

Conduct Professional Inspections

Use standardized inspection forms with photos and signatures from both parties. Document the property condition at move-in and move-out. This creates an objective record that protects both you and the tenant.

Maintain Clear Financial Records