> Landlord - Tenant Relationship > How to Define Apartment Wear and Tear
The definition of wear and tear is often stated in a rental agreement. Yet, deciphering the difference between normal and excess wear and tear isn’t always easy to do. Here are some examples and helpful tips to make this topic more clear.
Normal wear and tear can have different meanings depending on the state you live in. For example, state law in New York defines it as, “A landlord may deduct any reasonable cost of repairs beyond normal wear and tear if the tenant damages the apartment.” California law states that the rental property must be in “good and clean condition” and the tenant should return the unit to “the same condition as received, excepting normal wear and tear.” As you can see, there is a great deal of subjectivity in this area.
Anything determined to be above normal wear and tear gets categorized as damage. Apartment damage usually correlates with an avoidable and negligent act. In this case, the damage could get fixed or replaced using part or all the tenant’s security deposit.
Simply put, the security deposit. When the tenant moves out of your rental property, an inspection is generally performed to assess any damage. If the inspection proves there was damage to the apartment while the tenant lived there, the security deposit can be at stake. To reduce the possibility of a security deposit dispute, perform walk-through inspections. Both when the tenant is moving in and when they're moving out.
For the majority of apartment appliances and other products, their average useful life is eight to 10 years. Some items have a useful life that’s even longer. For instance, here are the useful lives of a few appliances greater than 10 years:
After the walk-through, you may see damages to the gas range that are beyond repair. In this case, to determine the price you can charge the tenant, you first have to consider the useful life. If the appliance is already 9 years old, then you can only charge the tenant a fraction of the cost for a new one. In this case, only 6 years of useful life remains for the gas range. That means only 40% (6 divided by 15) of the actual cost of the replacement is the tenant's responsibility.
At Blueground, we take the hassle out of having to make this distinction. We provide property management services, handle all maintenance requests, and arrange cleanings. As such, our regular interaction with the tenant and your rental property means we can spot whether any damage has occurred and send a technician to have it repaired.
Through tailored articles, landlords can find relevant information relating to renting out their apartments, decorating, maintenance & renovation, property management and rental laws specific to their city.