Lease & Risk

Fair Wear and Tear vs Tenant Damage: Where Landlords Get It Wrong

Not every change in a rental property's condition is tenant damage.

Properties age.

Paint deteriorates.

Fixtures wear.

Carpets experience normal use.

Materials have finite lifespans.

At the same time, tenants are not automatically excused from damage caused by misuse, negligence or conduct beyond reasonable everyday use.

The difficulty is distinguishing the two.

That determination should not be based simply on:

“It wasn't like that when they moved in.”

Time matters.

Age matters.

The original condition matters.

The nature of the damage matters.

The length of the tenancy matters.

The quality and expected lifespan of the item can matter.

A five-year-old painted wall with ordinary scuffing after a lengthy tenancy is very different from a newly painted wall containing a large hole caused during occupation.

This is why the incoming inspection, outgoing inspection, photographs, maintenance history and supporting records are so important.

They provide evidence rather than assumptions.

Landlords should also be cautious about automatically charging a tenant the full replacement cost of an older item merely because some tenant-related damage occurred.

The circumstances need to be assessed fairly and in accordance with the applicable lease and law.

Own the Property. Not the Admin.

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