What is the definition of wear and tear?
ANSWER:
In most states, ordinary wear and tear is the damage or deterioration to the property that could be expected to occur from normal usage. Some states go on to define wear and tear as: “natural and gradual deterioration of the rental unit over time, which results from a resident’s normal use.” Most state laws and standard lease agreements state that a renter is not responsible for ordinary wear and tear during tenancy.
Deciding whether damage to rental property is beyond ordinary wear and tear is a matter of common sense. If something was used in a way it was not designed to be used, it can be considered damage which is the responsibility of the tenant.
Ordinary wear and tear cannot be deducted from the tenant’s deposit. The landlord must use discretion to determine normal wear and tear from serious damage for a specific rental unit. The landlord cannot charge for damage that existed when the tenant moved in. In general, the landlord cannot charge for replacing an item when it is sufficient, reasonable, and acceptable to repair an item. In considering wear and tear, the landlord should keep in mind how long the tenant has lived in the unit. Long term tenants will, of course, place greater wear and tear on customary items such as drapes, carpeting, and paint or wall coverings.
Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical switches may wear out and break, pull strings on blinds may fray or break, or carpet and tile may wear down. These things happen even if the tenant cleans regularly and cares for the premises reasonably. Damage occurs from unreasonable use or accidents. Damage can include extreme build-up of dirt or mold, stains or burn marks on carpets, and broken windows. Even intentional alterations to the premises are considered damage. For example, the tenant cannot leave large holes in the walls from shelving or hanging pictures, and cannot repaint the walls to significantly change the color. If a tenant wants to make changes to the premises that will remain after the tenant moves out, the tenant should do so only with the landlord’s written permission.
Landlords and tenants sometimes disagree on wear and tear conditions of wall paint, carpets, drapes, and fixtures and whether deductions from the deposit are warranted. For example, if the tenant has lived in the unit for a period of years, the landlord may be responsible for any repainting costs. If on the other hand the tenant has occupied the unit for a year or less, the unit was freshly painted prior to move-in and the final inspection shows walls are dirty or the paint damaged, the tenant is responsible for such damage. The landlord may determine if it would be more cost effective to repaint the wall rather than have the walls cleaned.