If the tenant knowingly or deliberately mistreats the property, or uses is for the wrong purposes, the damage the tenant causes isn’t ordinary war and tear – it’s abuse or misuse. But if the tenant doesn’t tell the management that the crack is letting in water and the carpet below the window gets water damaged, the management may be able to argue that this extra damage was caused by the tenant’s failure to inform the management of the problem.Ībuse/Misuse. For example, if a window pane is cracked because of a faulty foundation, that’s not the tenant’s fault.
Even the reasonable wear and tear exception shouldn’t insulate a tenant from responsibility if the tenant fails to let the management know when something goes wrong in the home that might later result in worse damage. Another form of negligence is where the tenant fails to take steps that could prevent damage to the apartment. In short, did the tenant act prudently to preserve the property?įailure to Warn. If a tenant does something carelessly that the tenant should have known would cause damage, or if the tenant failed to do something that the tenant reasonably should have done to prevent damage, that’s negligence. How can you tell what is and isn’t ordinary wear and tear? There are three basic types of damages caused by a tenant that aren’t considered ordinary wear and tear. But a tenant who cuts a hole in the carpet or spills paint on it may be held responsible for the damage. A carpet worn from people walking on it is something you have to expect. What is NOT Ordinary Wear and Tear?Ī landlord can require a tenant to pay for damages if the tenant helped the aging process along or didn’t use the property in a normal way. Also, a tenant would not be held responsible for damage arising from using the property in a normal way. Even the most responsible tenant cannot prevent the aging process thus they will not be held responsible to pay for damages resulting from aging. Carpets become threadbare, and paint peels and cracks. For example, the carpeting in a home, or the paint on the walls, wears out in the normal course of living. In other words, ordinary wear and tear is the natural and gradual deterioration of the property over time, which results from a tenant’s normal use of the residence. The typical definition of ordinary wear and tear is “Deterioration which occurs based upon the use in which the rental unit is intended without negligence, carelessness, accident, or abuse of the premises or contents by the tenant or occupants of the household, or their invitees or guests.”
We hope you enjoyed your stay, and wish you all the best in the future. Please do everything necessary to return the property in good, clean condition. Remember, it will always be less expensive if you take care of your own damages.