Okay, other LL's, what are some "damages" that you find when a tenant moves out that you consider "damage" and not "wear and tear"? For example, in one of my apartment buildings, I often have to change the mini blinds after a tenant moves out. How long do you expect mini blinds to last? 6 months? a year? two years? When do you charge the tenant and when do you not? I thought this would be a good discussion for those newer LL's.

Hi Lori..

Well lets start with wear & tear.. etc.

THE TENANT/S ARE RESPONSIBLE FOR THE EVENTS AND ACTIONS ON THE PROPERTY, EXCEPTING THOSE OF NATURE OR FAULTS NOT ATTRIBUTABLE TO THE TENANTS ACTIONS OR THEIR INACTIONS.

2. Tenant/s shall immediately notify landlord, by phone & in writing, of any and all damage to the property.

3. IT IS THEREFORE AGREED, FOR THE PURPOSES OF THIS AGREEMENT;

A. DAMAGE WILL BE DEFINED IN THIS AGREEMENT, AS A CONDITION THAT IS INCONSISTENT WITH OR DIFFERENT FROM, THE MOVE IN CONDITION OF THE PROPERTY, OR A CONDITION THAT SHOWS EVIDENT DAMAGE, SUCH AS A BROKEN WINDOW.

A1. DAMAGE SHALL ALSO BE DEFINED OR DEMONSTRATED WHERE; THE NORMAL AND CUSTOMARY USE OF THE ITEM OR ANY PART OF THE PROPERTY WOULD NOT RESULT IN THE CHANGED OR DEFECTIVE CONDITION AS MAY BE FOUND AFTER THE TENANT/S MOVE OUT.

A2. EXCLUDED WILL BE NORMAL WEAR AND TEAR; THIS IS DEFINED AS THE RESULTANT CONDITION THAT CAN BE DEMONSTRATED TO BE WITHIN THE CUSTOMARY OR INTENDED USE AS DETERMINED BY THE LANDLORD OR A SERVICE PROVIDER.

A3. ALSO EXCLUDED ARE ‘ACTS OF GOD’ OR WHERE THE TENANT/S INSURANCE HAS MADE WHOLE ANY DAMAGE TO THE OWNER/AGENT.

A4.. ALL OTHER RESULTS MAY BE CONSIDERED DAMAGE BY THE LANDLORD.

THE MOVE OUT CONDITION WILL BE COMPARED TO THE MOVE IN AND PREVIOUS CONDITION TO DETERMINE IF THE RESULTS ARE DAMAGE OR WEAR AND TEAR.

This is a great question here but one which does not have easy answers.

Mini-blinds should last for at least a year or longer unless the tenant has small children or dogs. Kids and dogs have torn up my blinds in 6 months and I will deduct from the deposit when there is obvious damage.

I am not understanding this thing about mini-blinds lasting 6 months or a year. Mini-blinds in my house lasted at least 15 years, and they are regular mini-blinds.

We deduct for whatever we can. Mini blinds should last for a long time. We just clean them in a tub with bleach & they are good as new.

We charge the tenant for missing mini-blinds and screens as soon as noticed. A statement is given on the same day as replacement is done with the notation that if not paid by end of month, it will be deducted from their next rent payment per lease agreement.

Not normal wear and tear: Stickers, silly string, writing, coloring, or paint on the walls, doors or ceiling. Gouges in the drywall. Large nail holes or an excessive amount of small nail holes. Burns on the sinks, tubs, countertops. Bent, chewed, burned, broken or dirty mini-blinds. (Vinyl blinds + Texas sun gets brittle, it takes a good 7 years for that to happen. Cabinet doors out of alignment or broken. Gum, paint, dyes in sinks, tubs, or commode. Clogged sink lines (Popsicle sticks, q-tips, picnic knives). Plant holders for hanging planters (usually in ceiling). Missing door and cabinet knobs. Missing mirror doors or knobs from medicine cabinet. Holes or dents in doors. Damaged carpet is a given. Damage I have had gum, hair dye, bleach, iron burns, cigarette/cigar burns, oil, paint, etc. Exterminating for fleas, roaches, etc.

My lease states:

CLEANING. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move-out cleaning instructions if they have been provided. If you don’t clean adequately, you’ll be liable for reasonable cleaning

charges—including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse).

My tenants are giving move-out cleaning instructions, both with their lease packet as well as 6-8 weeks before lease expiring. Renewable tenants have to have a clean and damage free unit for me to renew or paid the charges for any noticed damages prior to renewing. If they have roaches they are not renewed and usually evicted prior to renewal period.

great info all. My policy is tenant pays for everything beyond "wear and tear from normal use". What is normal use? Well, it's open to opinion. But I'd deduct whatever possible that is caused by damage, accident or neglect. Blinds should last a couple years at least. DIRT is NOT normal wear and tear. I should get the apartment back in clean, rentable condition(excluding wear and tear). Anything it takes for me to get the unit into rentable condition again should be charged to the tenant.

In my lease I allow dogs with a $40/mo pet charge for the right to house a dog or cat. Tenant dog ruined my carpet with pet odor. Judge found in her favor asnd said the pet charge should allow for soiled carpet. What a joke. Had to replace carpet because of pet odor. Any other pet stories or solutions that will stand up in court?

Have the tenant sign a pet agreement and make sure the agreement states that the monthly charge is pet rent and does not cover costs associated with pet damage. My agreement has this clause: Management will use Resident’s pet deposit in the amount reasonably necessary to pay for professional carpet cleaning by a company of Management’s choice, flea extermination by an Pest control company and other damage caused by pet. Resident acknowledges that some animal odors cannot be removed by cleaning and deodorizing and agrees to pay Management for any damages or costs in excess of the pet deposit upon demand by Management.

I totally agree that dirt is not ordinary wear and tear, but I was informed by a lawyer (PPL) just yesterday that I cannot enforce the condition in my leases that requires a tenant to maintain the premises in a "neat, clean, and orderly" condition. The issue in this case was severely smoke stained walls and ceilings, and other general dirt and handprints. I was told I can require it to be clean upon move-out, but if the tenant chooses to live like a pig, that is his or her privilege and that the Landlord has no right to interfere. I disagree with the lawyer, and will be seeking another legal opinion. "Neat, clean, and orderly" has sanitation, fire safety, pest control, and building preservation ramifications that should be enforceable.

Broken is broken, not wear. Someone broke the mini-blind.

Our court allows $15 for small mini-blind and $30 for large.

Our move out letter reminds people to run to Lowes and swap them for $5 - but they don't - so we charge them $15.

Gotta know your judge.

Our association "lobbied" the court and the judge now allows $35/hr for LL labor.

Not everything goes to court. No matter what your judge allows, charge the tenant for his part. If it happens to go to court, let the tenant complain and let the judge reduce the amount, not before.

A hole is a hole. It didn't just "happen".

We defined "normal" as max 5 small brad style picture nails per room.

Why do LLs let tenants walk over them? Why do LLs leave their dinner table or spend

their free time to clean up after a tenant?

Why do LLs who make $25/hour on the job only charge $10/hr for their clean up efforts?

We work to make the home clean before tenants move in and require it be the same clean at move out.

This is an interesting discussion. Particularly interesting is the comment about what I as a LL consider normal wear and tear doesn't matter, it's what the judge considers normal wear and tear that matters. That's very true. I take pictures when my residents move in and give them a copy on a CD I create = no cost. I've NEVER had a resident take their own pictures. Then when I charge a resident for some damage upon leaving, I take a picture of the damage and use SnagIt! to create an arrow and textbox pointing to the damage with an explanation on the photo. I also print the original move-in photo. 17 cents to print at CostCo. This goes in the envelope with the deposit balance with the itemized spreadsheet. This is received by the former resident within 30 days per UT law. I've never been taken to court for deducting damaged items. I even had a resident pay me more on top of their deposit after leaving, because I said I would take them to small claims with the photo evidence. Mr. Taylor had a great idea that I try to do: when a resident gives their 30 day notice, try to make the move-out process informed. I tell my residents my labor and mileage rate to repair. To me, for 1 year or less, I should get the apartment back the same way I gave it. Longer term or problem-free residents get more slack. But that's my pocket and my choice.

I don't completely agree with "it's what the judge considers normal wear and tear that matters."

I see several comments on mini blinds. Since tenants seem to tear them up in an unreasonable amount of time, I added an addendum that states the blinds in the unit you are moving into are NEW. When you move out you, the tenant, should replace them with new ones and my keep the old ones. The addendum points out that blinds are inexpensive and easy to replace. If they do it the cost is minimal. If we do it, it is $15 per blind. So far, no tenants have replaced them on their own, but they don't complain about the charge when they see it. Especially since I include a copy of the addendem they signed when they moved in.

One of the counties in my state put out a brochure about ordinary wear & tear and this was a list of items and their Average Life Expectancy of that Item in Rental Unit (in years):

Refrigerator 15

Stand-alone Freezer 15

Stove 14

Oven 16

Range 16

Range hood 11

Microwave Oven 11

Disposal 10

Trash Compactor 12

Dishwasher 10

Kitchen Sink 13

Kitchen Countertops 15

Kitchen Cabinets 20

Faucets 15

Bathroom Sink & Vanity 20

Medicine Cabinet 16

Bathtub/Shower 20

Toilet 20

Towel Bar 5

Clothes Washer 13

Clothes Dryer 14

Heat Pump 15

Hot Water Heater, Gas 10

Hot Water Heater, Electric 12

Boiler, Gas 25

Boiler, Electric 25

Furnace, Gas 18

Furnace, Electric 15

Furnace, Oil 20

Air Conditioning, Room 10

Air Conditioning, Central 15

Dehumidifier 10

Humidifier 8

Smoke Detector 11

Garage Door Opener 10

Carpeting 5

Flooring, Vinyl Sheet or Tile 15

Flooring, Marble 100+

Flooring, Pine or Oak 100+

Wallpaper 7

Interior Painting (the application of 1 coat of paint is considered ordinary wear & tear) 5

Windows 30

Window Screens 30

Venetian Blinds 10

Shades 6

Curtain Rods 8

Closet Doors (folding) 20

Interior Doors 30

Exterior Doors 20

Exterior Paint 7

Sidewalk (concrete) 24

Driveway (asphalt) 8

Exterior Light Fixtures 20

Gutters 25

Downspouts 25

Fence 12

Garage Door 35

Patio (brick/concrete) 24

Deck (wooden) 15

Also a list of comparisons:

Ordinary Wear and Tear to Damage:

Ordinary Wear:Vinyl flooring worn thin Damage:Vinyl flooring with tears, holes or burn marks

Ordinary Wear:Water-stained vinyl flooring by shower

Damage:Uncleanable tiles or grout

Ordinary Wear:Stains on old porcelain fixtures that have lost their protective coating

Damage:Grime-coated bathtub and toilet

Ordinary Wear:Bathroom mirror beginning to "desilver" (black spots)

Damage:Mirrors broken, missing or caked with grime

Ordinary Wear:Toilet running or unstable Damage:Broken toilet seat or tank top

Ordinary Wear:Worn gaskets on refrigerator Damage:Broken refrigerator shelves, trays, bins or bars

Ordinary Wear:Worn countertop Damage:Burns or cuts in countertop

Ordinary Wear:Cabinet doors that will not close Damage:Greasy, sticky or broken cabinets and interiors

Ordinary Wear:Loose hinges or door handles Damage:Damage to door or door frame from forced entry

Ordinary Wear:Closet door off track Damage:Damaged or missing closet door, doorknobs/handles

Ordinary Wear:Slightly dusty blinds Damage:Missing, broken or bent slats on blinds

Ordinary Wear:Slightly dirty windows or screens Damage:Broken windows or torn or missing screens

Ordinary Wear:Minor marks on or nicks in wall Damage:Holes in wall larger than nail size or excessive holes

Ordinary Wear:Faded, cracked or chipped paint Damage:Crayon marks, writing on walls, unapproved paint color or excessive dirt requiring more than one coat to cover

Ordinary Wear:Plaster cracks from settling Damage:Holes in walls from doorknob or carelessness

Ordinary Wear:Loose wallpaper Damage:Ripped, torn or marked up wallpaper

Ordinary Wear:Carpeting/curtains slightly worn orfaded by the sun

Damage:Torn, stained or burned carpeting/curtains

Ordinary Wear:A rug worn thin by ordinary use Damage:Stains and odors in rug caused by pets, spills or leaks

Ordinary Wear:Minor scuffing on wood floor Damage:Large gouges or scratches on wood floor

Hope this helps.

Sorry if this is hard to read, I copied and pasted.

Damaged closet door caused by forced entry. Tenant replaced closet door but was too big so they cut the top off the closet door now I have hollow closet door. Does this consider wear and tear?

Also, non smoking house. tenant left yellow stain from smoking pot. Does re painting the room consider wear and tear?

Thank you Mark. That's what I feel; however her lawyer feels otherwise. I will fight for my rights as a Landlord! Will keep you guys posted. Great site :)

Arella,

My lease is clear: return the home is Move-in condition. They are capable of washing walls, cleaning, etc.

Standard Cleaning and Repair Costs are written in the lease and agreed in advance by the res.

Forced entry into a CLOSET!?! weird!

I bill $150 to replace a door.

I bill $25 to wash the walls of each room.

I bill $250 to repaint each room.

Good Evening, I have a question in regards to my old tenant damaging my stove. I have a glass stone top stove, and even though it was not new at time of renting, it was in very good condition and was not burned nor there where any scratches (from improper cleaning), there was also some burns on the module where the knobs are located. I deducted the amount I spent on parts and labor, but now I received a letter from Court stating that I was getting sued in Small Claims Court. I am a bit concerned because I have never had an issue with any of my tenants and did not have previous pictures of the stove top. I feel like asking my previous tenant if she could provide me with a letter as to the condition of the stove top. Also, my previous tenant had a lady that used to clean her house once a week, I know she will be willing to testify as to my behalf.