So, Here it is! The question we get asked the most from our owners! Even the definition leaves us dizzy! Websters:
“The loss, injury, or stress to which something is subjected by or in the course of use; especially normal depreciation.”
However, what is normal depreciation to the owner may not be to the tenant. Even though we are in Charlotte NC, Texas may have defined it in a better way:
“…deterioration that results from the intended use of a dwelling…but term does not include deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or personal property by the tenant, by a member of the tenant’s household or by a guest of the tenant.”
One of the best ways to look at this is evaluation the most asked about real world examples:
Landlord Responsibility | Tenant Responsibility | |
---|---|---|
A few small nail holes, chips, smudges, dents, scrapes, or cracks in the walls | Gaping holes in walls from abuse, accidents, or neglect. Unapproved paint colors or unprofessional paint jobs. Dozens of nail holes which need patching and repainting. | |
Carpet faded or worn thin from walking | Holes, stains, or burns in carpet. Food stains, urine stains, and leaky fish tanks. | |
Faded Paint | Water damage on wall from hanging plants or constant rubbing of furniture. | |
Scuffed varnish on wood floors from regular use | Chipped or gouged wood floors, or excessive scraps from pet nails |
Those are just some of the most FAQ’s. We recently had a situation where the tenant attempted to fix the nail holes and scuff marks themselves and did touch up paint. On one had they did try to make things right. On the other hand, the touch up paint did not match and and actually made it harder to fix. This one had owners worried that the tenant would dispute their holding some of the funds but at the end of the day, it went beyond what was normal.
We have found that for tenants that try to do the right thing should always communicate before trying anything. At the end of the day, however, tenants really know when they the damage is excessive but it does not prevent them from complaining about it.
Contact us, we can help with this stuff! We do the research and have real world examples on how magistrates might rule!