It is an inevitable risk that, as a landlord, tenants may cause damage to your property. This usually occurs in one of two ways: ordinary wear and tear or excessive property damage.
As a landlord, telling the difference between the two types of damage can help you avoid conflicts with your tenant and safeguard you against losing time and money.
So, we at McCaw Property Management have put together this article to help you understand the difference between ordinary wear and tear, and excessive damage.
What is Normal Wear and Tear?
Normal wear and tear can be defined as the aging process or normal deterioration of the property or an appliance as a result of its regular and intended use. As such, tenants can’t be held accountable for wear and tear, as it would have occurred through use, and it is the landlord’s responsibility to replace, renovate or repair anything necessitated by normal wear and tear with their own money.
The following are examples of expected damage resulting from reasonable wear and tear:
- A few nail holes or cracks in the walls
- Faded paint
- A torn wallpaper
- A faded carpet
- Scuffs on wood floors
- Worn appliances due to long-term use
- Worn or scratched enamel in sinks or toilets
- A faded curtain due to sunlight exposure from the window
- Warped cabinet doors
- Clogged sinks from old plumbing
- Faded lamps
- Rusty shower rod
- Sticky cabinet doors
- Wobbly toilet
- Cracked light switch plates
- Broken strings on curtains or blinds
- Wall dents from the door handle
- Warping of a window or door
- Carpet seams unravel or unglued
- Worn patches or scuff marks on linoleum
What is Excessive Property Damage?
Anything that would go above normal wear and tear is commonly referred to as excessive tenant property damage. Here are some examples that would not occur from normal use or ordinary wear and tear, and instead from tenant mistake:
- Bent or missing shower rods
- Stained, torn, or missing lamps and window shades
- Damaged bathtub or sink, including broken or chipped enamel
- Damaged or clogged toilet from improper use
- Cracked or missing bathroom tiles
- Holes in the ceiling
- Burns, stains, holes, or other damage to the carpets
- Missing fixtures
- Broken windows or smashed bathroom mirror
- Chipped or gouged hardwood flooring
- Holes in the plasterboard or walls
- Unapproved paint colors, drawings, crayon markings, or wallpaper
- Burns or cuts on countertops
- Watermarks from overflowed bathtub or sink
- Pet urine stains on carpet and walls
Can You Hold Your Tenant Liable for Excessive Damage?
Yes! It is a landlord’s right to hold their tenant accountable for damage resulting from their negligence, carelessness, abuse, or misuse. So, if you’re a landlord and your tenant moves out without fixing the problem they have caused, such as any of the above examples, you can make proper deductions from their security deposit for the repair cost.
Please note that wrongfully withholding money from a tenant’s security deposit can have financial consequences for a landlord. You can be responsible for paying your tenant up to 3X the wrongfully withheld security deposit amount, plus court and attorney fees.
What Falls Under Regular Maintenance?
After a tenant vacates their unit and you begin to find new tenants, you’ll need to do some touchups in order for it to become rent ready and to combat the normal deterioration process that occurred during the last tenancy. The goal of making your property rent-ready will be, of course, to make it desirable to potential tenants.
Below are examples of tasks that fall under regular maintenance for reasonable wear and tear and would not be considered as any type of “damage”.
Paint
After a tenant leaves, you may realize that the walls look faded due to ordinary wear and tear, and may require some painting.
When it comes to painting, you may need to do so once every 3 years. And the only time you can hold your tenant responsible for a paint job is when they paint the property without permission.
Appliances
Appliances don’t last forever. Generally speaking, most appliances are expected to last for 10 to 15 years. After this time, you may find it more economical to replace old appliances than to have them repaired.
If, however, an appliance suddenly breaks down, that might be a sign of tenant issue. That said, appliances are complex items that can sometimes end up needing repairs without an obvious cause or sign.
The tenant may not be necessarily to blame for an appliance breaking down. Instead, the landlord may be able to reduce such occurrences by ensuring the appliances are properly maintained.
Flooring
Flooring is also susceptible to ordinary wear and tear from ordinary use by tenants. After a tenant moves out from a rental unit, a landlord may notice:
- Dirty grout around tiles
- Faded carpet from regular use
- Peeling or deterioration in less durable flooring types, like linoleum, for example
Since these result from reasonable wear and tear, the responsibility of fixing them will lie with the landlord and money for them cannot be deducted from the security deposit. However, you may be able to hold your tenant accountable for issues like missing floorboards or cracked tiles.
How often you replace your property’s flooring will depend on the type of flooring you have. A high-quality hardwood floor lasts the longest, with a lifetime of about two decades. Carpet, on the other hand, will typically only last five years with consistent normal wear and tear.
Plumbing & Fixtures
Plumbing fixtures won’t last forever and will need repairs or replacements at some point. Some of the fixtures that may need replacement on a regular basis include valves, showerheads, and taps. These commonly wear out over time due to rust and mineral buildup, which is a natural problem.
A broken or missing toilet lid would not occur due to everyday use and would be considered damage caused by a tenant that is security deposit deductible. Equally, a large stain on the floor that occurs from an unreported leak is another example.
Bottom Line
Being a great landlord means knowing the difference between normal wear and tear versus excessive damage is important to a landlord. As it gives you an understanding as to who’s responsible for what when it comes to repairing rental damage, and how to handle the security deposit and repairs.
If you still need further help or clarification, McCaw Property Management can help. We’re a trusted property management company in the Dallas Fort Worth area!