State Specific Question About: ARKANSAS

is a stained toilet, considered wear and tear on a move out inspection. Also is damaged vinyl tile pieces (deep statches )and damaged carpet (iron burns and (gum) considered wear and tear.

Pamela,

I don’t know your atate law but that’s easy to find.

What does your lease say? My lease is clear: it lists common problems like the ones you mentioned are NOT normal wear and tear.

Normal is the aging or fadeing effecta over a long term with appropriate use and care.

A care for toilet does not stain. Dirt, chips, breakage are direct result of RESIDENT NEGLIGENCE.

I’d examine that handle to see if the plastic broke from cheapness or abuse. That one might be normal.

Stay strong! Don’t be shy aboit charging to clean and repair THEIR problems.

Pamela,

I don’t know your atate law but that’s easy to find.

What does your lease say? My lease is clear: it lists common problems like the ones you mentioned are NOT normal wear and tear.

Normal is the aging or fadeing effecta over a long term with appropriate use and care.

A care for toilet does not stain. Dirt, chips, breakage are direct result of RESIDENT NEGLIGENCE.

I’d examine that handle to see if the plastic broke from cheapness or abuse. That one might be normal.

Stay strong! Don’t be shy aboit charging to clean and repair THEIR problems.

Most of what you refer to sounds primarily to be damage related as opposed to wear and tear.

That said, after 8 years, I'll be giving them the benefit of the doubt on any gray areas (and it is likely a judge is going to see things the same way).

They are not considered wear and tear to me. Maybe the broken door guard. And maybe the toilet. Appliances don't hold up like they used to and depending on the water, some stains are likely to happen even when cleaned. The question is, how old is the appliance, rug and vinyl? If they were years old when they moved in 8 years ago, they may be ready for an upgrade anyway.

The real question is will what you charge hold up in court. Replacing a whole rug because of a burn in the corner is probably not going to fly. Repair of cutting and piecing it in might. The same with vinyl. Buying a whole new refrigerator for a broken piece will be hard to defend as well.

Copied and pasted from my lease....consider adding it to yours so long as your state laws do not conflict:

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Wear and Tear: TENANT agrees that DIRT, FILTH, GREASE, GRIME, SMUDGES, DINGS, HOLES, STAINS, SCRATCHES, TEARS, CRACKS, CHIPS, BURNS, AND BREAKAGE does not constitute normal usage and will be billed as damages. _____ _____ _____ _____ (initials)

Replacement refrigerator door guards can be found at Appliance Parts Pro . com. Just replace the guard and charge the tenant. You will have an invoice to use to charge your tenant. At about $30 a pop, they are ridiculously expensive for what you get (a piece of molded plastic).

is not the carpet consider to be fully depreciated after 8 years, and at the very least the damage is technically prorated if not? Thus you would not win damages for a new carpet just the remaining used value of the existing one.

Same for the refer.