What constitutes normal wear and tear to a rental unit? This is a question that every landlord and tenant will eventually need to ask. Knowing the answers will protect both parties and save everyone many headaches.
Tenants are Liable for Damages Specifically Prohibited in the Contract
First of all, what are the stipulations in the rental agreement? If the contract specifies no pets, then a tenant can be charged to repair any damage caused by pets including chewed or scratched areas, pet stains and pet odor. Smoking is another common thing not allowed by many rental agreements. The landlord has the right to collect damages to clean up second hand smoke odor if it was specifically prohibited inside the rental unit.
What is the Difference Between Wear and Damage?
There are many other signs of either wear or damage and it is often difficult to distinguish between them. Anything that is caused by time and usage is considered to be wear and tear, while things caused by carelessness, dirty living habits, or failing to take proper precautions are damage. For example, small nail holes in walls from hanging pictures is normal. Larger holes are considered damage. Carpeting that is matted, worn through, or has depressions from furniture is wear and tear but burns or stains are preventable and as such, are considered to be damage. Drag marks on floors constitute damage, but scuffs are normal wear.
Every Tenant is Different
A family with three kids in a three-bedroom home will cause more wear than a single occupant in the same home. That is not to say that the children should be allowed to run wild or that the single occupant is allowed more damages to make up for not having kids. But it does mean that each instance of wear or damage should be judged in the context of the tenants.
How to Prevent Problems between the Landlord and Tenant
Tenants should be able to report problems as they arise without fear of repercussion. Landlords need to fix those issues before they get worse. Before moving out, walk through the rental unit with the landlord and ask if there are any problems that should be repaired and discuss how these repairs are to be handled. Disputes are less likely when everyone works together.
