What is considered normal "wear and tear" in an apartment? You are entitled to receive your security deposit unless damages beyond normal wear and tear occur. Are there any laws stating what normal wear and tear is?
2006-09-23 11:15:10 · 6 answers · asked by tmac 5 in Business & Finance ➔ Renting & Real Estate
Normal wear and tear is defined as the ordinary deterioration in things due to usage and time, despite normal care and maintenance.
For example, if you lived in your home for 10 years and vacummed the carptets weekly and shampooed them annually, the fact that they were worn out upon move-out would be normal wear and tear. Conversely, if you lived there for a year, never vacuumed them and routinely tracked grease and dirt into the home, that would not be normal wear and tear.
Nailholes in walls for hanging pictures usually are considered normal wear and tear. A hole in a wall caused by a rowdy party guest would not be.
2006-09-23 11:46:28 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
It's all up to what the landlord thinks. I don't think there are any laws, at least not here (Ohio) The landlord should paint the walls between tenants, so don't worry about small picture holes or rub marks on the walls from furniture. Shouldn't be any stains on the carpet, but if it's worn from people walking on it, that's normal. And make sure it's really clean. That will make them happy. One kept $25 because I forgot to clean the inside of the stove. If you think they're being unreasonable in keeping your deposit, you can take them to small claims court. But I've never had to do that before.
2006-09-23 11:31:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is no precise or legal definition of wear and tear.
When items in apartments age normally, the tenant is not responsible for replacing them. But when they age faster than they're supposed to because of a resident who lives too aggressively and has caused damage beyond normal use, a landlord can deduct for damages. Examples include carelessly staining or ripping the carpet, breaking a window with a football or damaging wood floors.
2006-09-23 11:24:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Most leases say in a clause what is normal wear and tear. It is usually a few dirty spots on the wall where hands get put near switches and such, holes from picture hanging, A little wear in high traffic carpet areas and such like this. On my sons lease with a 200 deposit it is stated that it is non refundable and used to pay for the clean up after he moves out. Depending on your lease if you leave it in as good as condition as when you move in and normal wear and tear is in the aggreement then you should of noted conditions on moving in and out along with what is normal wear. It really depends on what your deposit is/was to determine if it is worth filing and going to court about it. In alot of cases you will lose more money in trying to take it to court.
2006-09-23 11:29:22 · answer #4 · answered by ronnny 7 · 0⤊ 0⤋
Most states generally define the basics of what wear and tear should be in their landlord tenant act which is the controlling law in issues of landlord and renter. To find your landlord tenant law, simply type the name of your state and the words Landlord Tenant Laws on your search bar and look for the link from your state's web site.
Buena Suerte
2006-09-23 11:26:07 · answer #5 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
small ding or scratches, nothing too noticeable.
small wear on the carpet,
not dirt, therefore, you must shampoo the carpet when you leave or you will be charged... this part is definitely the law
2006-09-23 11:23:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋