Normal wear and tear is the expected decline in the condition of a property due to normal everyday use. It is deterioration that occurs in the course of living in a property. It is not caused by abuse or neglect.
Examples of Normal Wear and Tear:
Examples of Damage:
Example:
When the landlord conducted a move-out inspection of Amy's apartment, he found damage in excess of normal wear and tear. There were two huge holes in the bedroom wall.
Wear and tear is a term commonly used when dealing with rental property. Trying to determine the difference between normal wear and tear and damage to a rental usually becomes an issue when a tenant moves out of a rental and is looking for their security deposit to be returned. A landlord cannot make deductions for normal wear and tear, but the landlord can make deductions for damage to the property.
Security Deposit Disputes
A landlord and tenant do not always agree on the amount of the security deposit that should be returned to the tenant when the tenant's lease is over.
Tenant's Perspective:
The tenant believes the security deposit is his or her property and it should be returned to him or her at the end of the lease. The tenant has paid their rent on time and has not broken any terms of the lease, so expects the security deposit to be returned in full.
Landlord's Perspective:
The landlord's goal is to make sure the rental property is maintained in good condition. If the landlord believes the tenant has abused the condition of the rental property in any way, the landlord will take deductions from the tenant's security deposit in order to fix this damage.
Walk-through inspections are one way to avoid security deposit disputes.
Move In:
The landlord and tenant should walk through the property prior to tenant move in. Pictures should be taken to document the current condition of the rental unit.
Any current damage or defects in the unit should be noted. Both landlord and tenant should sign the document, acknowledging that they agree with the current condition.
Move Out:
When the tenant is moving out of the rental unit, the landlord and tenant should again walk through the property to document any changes to the condition of the property. Pictures should again be taken.
The landlord can point out any issues he or she has with the current condition of the property. The landlord can explain why he or she will be taking deductions from the tenant's security deposit to cover these damages. The tenant can agree with or contest the landlord's findings.
Under landlord tenant law, every landlord has the responsibility to maintain their rental property. This includes:
Damage Caused by Landlord's Neglect:
If damage at the rental property is caused by the landlord's failure to properly maintain the property, then the landlord cannot take deductions from the tenant's security deposit, even if the damage is inside the tenant's unit. For example, if a roof leak has caused the drywall in the tenant's ceiling to start to collapse, this damage is the landlord's fault, not the tenant's.
