Normal wear and tear refers to the natural deterioration that occurs over time with the normal use of a rental property. It does not cover damages caused by negligence, carelessness, accidents, or abuse of the rental unit by tenants.
Wear and tear is often defined in the lease agreement and sets expectations for the condition of the unit when a tenant moves out. Landlords cannot charge tenants for normal wear that occurs from ordinary use. But tenants are responsible for repairing any damages that exceed expected aging and deterioration.
Common Examples of Normal Wear and Tear
- Scuffed wooden floors or minor scratches
- Faded paint or wallpaper
- Worn carpeting
- Chips, scratches, or dents on counters, appliances, etc.
- Stains that could not be removed with standard cleaning
- Loose door handles or cabinet hinges
These cosmetic issues should be expected in any lived-in, rented home. Unless excessive or caused by misuse, general signs of aging do not warrant deductions from the tenant’s security deposit.
What is Not Considered Normal Wear and Tear?
While minor deterioration comes with ordinary use, landlords can charge tenants for any damages above and beyond normal wear. These issues reflect carelessness, misuse, or negligence in maintaining the property.
Examples of excess wear and tear include:
- Large stains or extensive carpet damage
- Missing or broken fixtures like doors, handles, or tiles
- Wall damage like holes, cracks, or writing/painting on walls
- Any water damage from clogged pipes or overflowing tubs/sinks
- Pet damage such as scratched floors or doors, stains, etc.
- Smoke damage or odors
- Broken appliances or damaged features like cabinets or railings
Tenants are usually responsible for any repairs needed to fix or replace damaged areas unless it was due to an appliance malfunction, structural issue, etc.
How is Wear and Tear Determined and Documented in Rentals?
Wear and tear is often subjectively determined during a move-out inspection when comparing the current condition to the original state documented in a move-in inspection report. Having detailed records aids the process.
Move-in Inspection Reports
This document provides a written record of the rental’s condition at the start of the lease. The landlord and tenant walk through, noting any existing defects, damage, or general wear. Photographs also document the initial state of walls, floors, appliances, etc.
If there is a dispute later, the move-in report acts as proof of the baseline condition when the tenant took possession. There is no questioning existing damage since both parties have signed off on the unit’s move-in status.
Move-Out Inspection Process
At the end of a lease, the landlord checks the property again against the initial inspection report. New defects are noted along with any repairs made during the tenancy and general deterioration from elderly components.
Sometimes landlords use checklists to indicate potential costs if items need heavy repairs or replacement. Tenants may attend the walkthrough to answer for any questioned damages.
By comparing current damages against the original condition, the landlord determines fair wear and tear versus excess repairs needed. Charges can only be assessed for tenant-related damage, not for general aging issues.
Normal vs. Excess Determination
No formula or percentage determines normal wear and tear versus excess damage. Landlords subjectively evaluate each repair issue list at the end of the lease to decide if:
- New defects align with normal aging for the rental’s age
- Damage exceeds reasonable expectations
- Tenant negligence, misuse, or accidents caused issues
- Repairs or replacements are needed to restore the expected condition
Heavily lived-in homes may show more wear at the end of longer leases or with tenants with children or pets. The landlord must reasonably evaluate excess damage above and beyond the norm.
Tenants should receive detailed invoices for all withholding and deductions along with the remaining security deposit balance. Signing the inspection reports acknowledges but does not mean the tenant agrees with charges.
Who Determines Charges for Excess Wear and Tear?
While tenants are responsible for care, landlords determine what is reasonably charged for repairs above normal wear and tear in most cases. Charges should align with state laws.
Landlord Evaluations
Since landlords own the property, they complete the inspection reports and define what repairs are needed to restore the expected condition. As damage assessments can be subjective, some landlords hire third-party inspectors to add objectivity.
Most lease contracts indicate that tenants agree to leave the unit in the same condition minus normal wear. Landlords simply compare the current state to the initial status and can charge for tenant damages per the rental contract.
State Security Deposit Laws
Many states limit security deposit deductions strictly to damage repairs or unpaid rent. Normal wear and aging issues cannot be charged to tenants. Statutes also often cap deposit withholdings to a maximum amount, such as:
- 2 months’ rent maximum withholding
- Limit of 1 month’s rent for repairs
- Automatic deposit refund after 30 days if no damages claimed
Local tenant rights guides should be consulted to understand applicable statutes. Landlords must follow fair housing laws and should have justification for all deposit withholdings.
Estimating Repair Costs
Landlords obtain written estimates from vendors to justify deposit withholdings for repairs like:
- Painting or drywall repair
- Floor refinishing or full carpet/tile replacement
- Countertop resurfacing or cabinet/fixture replacement
- Appliance repair like ovens, dishwashers, etc.
Reports should include precise measurements and locations of damage along with pictures. Repair estimates submitted as evidence must correctly match the identified damages.
Disputing Unfair Charges
Tenants disputing excessive or unreasonable withholdings can first negotiate directly with the landlord to resolve discrepancies. Small claims court filings may follow if needed to recover damages the tenant feels exceeds normal wear. Photo evidence and repair invoices will be required.
What is Considered Normal Wear and Tear on Various Apartment Features?
Wear levels considered ordinary and expected differ based on the feature and its age, materials used, type of use, and overall rental quality.
Flooring Wear and Tear
Over time, all flooring shows some aging. Normal deterioration includes:
- Hardwood: Light scratches, small splinters, gaps, or cupping; worn finish
- Laminate: Chipped edges; gaps if poor installation
- Tile: Few loose, cracked, or chipped tiles
- Carpet: Thinning pile, crushed fibers, stains despite cleaning attempts
Excess damage involves pet scratches, large splinters, many damaged areas of tile, or urine stains. Excess carpet wear includes ripped seams, holes, bald areas, or too many burn marks to remove.
Wall Conditions Over Time
Walls accumulate minor blemishes just from residents brushing up against them daily. Typical aging includes:
- Light scuffs that don’t remove paint
- Small nail holes from hanging pictures
- Fading or yellowing paint over time
- Sticky spots where wallpaper glue seeped through
Holes requiring spackling, long scratches, wallpaper seam tears, or many damaged areas exceed minor wear. Stains that required repainting also show excessive damage.
Doors and Windows Issues
Doors withstand heavy use and will show signs of wear unless brand new. Signs of normal aging include:
- Wobbly door handles requiring tightening
- Sticky windowpanes difficult to open
- Loose hinges requiring tightening
- Tarnished metal finishes
Excess damage involves broken panes, ripped screens, holes in panels, missing handles, or pet scratches. Proper care and reporting issues early prevents excess deterioration.
Who Covers Normal Wear vs. Excess Damage in Rentals?
While tenants remain responsible for negligent damages, landlords pay for repairs stemming from standard aging and deterioration over time.
Tenant Liability
Renters must exercise reasonable care and proper use of rental property features per the lease contract. Tenant neglect, abuse, or overtuse commonly leads to excess wear and tear like:
- Pet scratches, urine stains
- Broken appliances/fixtures from improper use
- Holes in drywall from wall-mounted TVs
- Interior water damage from overflowing tubs
- Burn marks/stains on carpeting
Tenants cover repairs for any non-standard damage through forfeiture of the security deposit after moving out. Per-instance repairs like clogged toilets generally fall to renters as well.
Owner Responsibility
Landlords remain responsible for addressing normal wear and tear issues stemming from aging. Components like appliances, carpeting, and paint have limited usable lifespans. plete the article:
Conclusion
Determining what qualifies as normal wear and tear versus excessive damage in a rental property can be a tricky gray area between tenants and landlords. But following some general guidelines can help set reasonable expectations.
Minor cosmetic flaws from ordinary use like small scuffs or worn carpeting are typically considered normal. Major damage like huge stains, broken appliances, or holes in drywall excessively impair the rental’s condition beyond standard aging.
Responsibility for repairs also differs, with tenants covering any negligent damages and owners addressing general deterioration from regular use over time. Having detailed move-in and move-out inspection reports allows easier comparison to settle disputes effectively.
Both renters and landlords should understand local tenant rights laws on allowable security deposit deductions. With reasonable wear and tear evaluations by owners, tenants only pay for excess damage caused by overt use or accidents. This balance helps make moving in and out of rentals less stressful.
FAQs
Here are some frequently asked question given below:
What is considered normal wear and tear on kitchen cabinets?
Typical kitchen cabinet wear includes loose hinges, closing issues if swollen from steam, or minor scratches/gouges. Excess damage involves broken panels, peeling veneers, detached drawers, or missing/broken hardware.
Can I be charged for carpet cleaning at move-out if just normal wear?
Most states allow charging professional carpet cleaning to tenants at the end of a lease regardless of wear level. But tenants cannot be charged excessive amounts above typical market rates for standard carpet cleaning.
What’s excess damage on windows?
While sticky windows or loose panes are considered normal aging, broken glass, damaged or missing screens, ripped sealant around frames, or dismantled sashes show excessive wear from misuse or accidents.
Does nail hole size in walls matter for normalcy?
Most landlords allow for small nail holes needed to hang pictures in standard sizes like for picture frames. But larger holes from shelving units or multiple holes per wall may be deemed as excess damage needing sealing and paint touch-ups.
Can appliances like dishwashers show normal deterioration?
With heavy use, appliances can develop internal issues not stemming from tenant misuse. Wear like broken baskets, faulty water pumps, or heating element failures would be the owner’s responsibility to repair or replace.