Is it Normal wear and tear, or Damage

We have a philosophy here at Secure Investments Realty and Management Corp. to maintain good relationships with all of our clients. Navigating responsibility, and where it lies, can be challenging, when determining who should pay for the repair or diminished value of rental property. Our approach to determining damages is to always do the right thing.

When does a tenant pay for repairs or item replacements in a property?

So what is considered normal wear? The first thing we look at is the amount of time a tenant has been in the property. Next, we consider the age of the property and the age of its fixtures. We rely on the expertise of different trades, like painting and flooring, to determine an items lifespan.  But lifespan alone does not determine whether or not a tenant is responsible to pay for repair, replacement, or the diminished value of an item which is determined to be damaged.  We also take into consideration the condition of those items when the tenant first took possession of the property.  For instance, new carpet in property has an expected lifespan of 5 to 7 years.  Let’s say a tenant lived in the property for year 2, 3, and 4 of the carpet’s lifespan.  The tenant would be responsible for years 5 through 7…3 years of carpet life was used and is charged to the tenant.

1. Cost of carpet replacement is $2400.

2. $2400 / 7 years = $342.86 per/yr

3. 3 years x $342.86 = $1,028.58

Based on the formulas above, the tenant is responsible for a carpet replacement cost of $1,028.58.

Other areas where we often see the need to charge a tenant’s security deposit is when the home is not left in a clean condition.  We advise our tenants to check behind cleaning services to ensure that they have done a good job.  If during the move out inspection we find that the cleaning was not up to par, we will have the home cleaned.  If we have a business relationship with the cleaning company the tenant used, we will contact them and ask them to revisit.  But, oftentimes a tenant will use a company that we are not doing business with.  In that case, we would need to send a company which we contract with, to clean up the home. This often leads to the tenant paying for services twice.  And while we do our best to negotiate great prices, cleaning companies justify their prices with quality of workmanship statements.

Another area that is often overlook by tenants and misunderstood by owners, is paint.  Keep in mind that the lifespan of paint is 3 to 5 years, a tenant is expected to live in the property and scuffs and small nail holes are viewed as normal wear and tear.  Anchors used in walls are not considered normal wear and tear, as these areas have to be patched, sanded, textured, and re-painted.  Anchor holes are considered damage, while small nail holes and minor scuffs are considered normal wear and tear.

Pest control is another area in which a tenant is responsible, in most cases.  We sometimes find the need to have a home treated for roaches or fleas.  This is a tenant charge, as they are expected to keep the property free of pests.

One last area that I’d like to touch on, is the yard.  Grass, and shrubs should be cared for by the tenant, if the lease does not include lawn service.  Even if lawn service is included, it is the tenant’s responsibility to make sure the lawn lives and is free of lawn pests.  If we find that the yard is full of bare spots, or infested with bugs, the tenant would have the financial responsibility to pay for this damage. However, a tenant is not expected to pay for tree trimming, when they would need to use a chain saw to cut off limbs.