WHAT IS NORMAL WEAR AND TEAR? Tenant Must Pay for Damages They Cause By: John Adams
What is NORMAL WEAR AND TEAR?
We hear the phrase all the time, especially in your home or apartment rental agreement. The tenant is responsible for any damage that may occur, except for NORMAL WEAR AND TEAR.
The problem is that no one ever tells us exactly what is NORMAL and what is not when it comes to wear and tear.
This is important, because if the landlord thinks you have exceeded normal wear and tear, you will end up paying for it out of your security deposit, and maybe even get a bill after you move out.
Here are some questions I am frequently asked about what’s normal damage and what’s not:
Q: What is at risk if I cause damages to my rental house?
A: Typically, it’s your SECURITY DEPOSIT, although the cost of repairing the damage may exceed that sum. In Georgia, the security deposit is intended to secure the tenant’s performance under the terms and conditions of the lease.
Q: What performance are we talking about?
A: By performance, we mean that the tenant is required to PERFORM each and every obligation spelled out in the written rental agreement.
So here is your obligation:
When you move out, you have to return the property to the landlord in the same condition it was on the day you moved in, except for NORMAL WEAR & TEAR. So the question always arises, what constitutes normal wear and tear?
Q: Can you give us a definition?
A: NORMAL WEAR & TEAR is what the landlord might normally expect the condition of the property to be after use during the term of the lease.
Another way of saying it is: the typical deterioration of the premises that occurs during normal conditions where the tenant cleans regularly and cares for the premises reasonably.”
Q: What does Georgia law say?
A: Unfortunately, Georgia law doesn’t give us any way of knowing what is and is not “normal” when it comes to “typical deterioration.”
In most all cases, it is up to a judge to decide. And judges can be remarkably enigmatic in their decisions.
All this revolves around the question: What was the actual condition of the property on the day you moved in?
Anyone’s memory can get foggy after a year or two, so Georgia law makes one thing clear: the “Move In Inspection List” is designated to be a comprehensive list of all existing damage. It is to be signed by both landlord and tenant at the time of move-in, and shall become the definitive list of existing damage.
As a result, it is vital that you make sure the move in list shows every defect in the property at that time. Otherwise, you can be held responsible.
Q: So what might be typical NORMAL DETERIORATION?
NORMAL WEAR & TEAR MIGHT INCLUDE:
Faded paint or carpet due to sunlight.
Picture or pin holes in walls (unless excessive)
Broken plumbing caused by normal use
Carpet wear caused by normal use
Worn countertop
Q: And what might be examples of DAMAGE?
DAMAGES CAUSED BY ABUSE & NEGLECT MIGHT INCLUDE:
Broken doors or windows
Missing or torn screens
Broken toilet seat or tank top
Marks, writing on walls or unapproved color
Carpets with tears or burn marks
The question the judge will be asking is this: If the tenant took good care of the property and kept it clean during the lease, would this condition have occurred anyway?
If the answer is NO, then you caused the damage and you are responsible for paying for it!
THE SOLUTION: make sure you document the move-in condition in painful detail and that you take pictures of any existing damage, then submit those photos to your landlord as an addendum to the move in inspection.
Q: Won’t that be expensive?
If you shoot a hundred pictures of existing conditions, the prints will be around twenty bucks. Keep the digital files safe, and submit the prints to the landlord. At least there will be no dispute as to the condition when you moved in.
Remember though, if you fail to maintain the property or cause damage, these same photos may be used against you. Pictures don’t lie!
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About the author:
Atlanta native John Adams is a real estate broker, a property manager, an investor, and a lifelong entrepreneur. He welcomes your questions or comments at Money99.com , where you will find an expanded version of this column.
