When establishing the terms of the rental agreement, particular attention should be paid to the maintenance of the property. Since this can strongly affect the future value of the asset, the owner must insert clauses defining the respective responsibilities of both parties. Getting out of any gray area in this regard would not only lead to disagreements with your tenant in the future, but also financial damage. If some items were worn at the beginning of the lease, but are now damaged, this may result in proper wear and tear. For example, if carpets and curtains are fallacious, normal use during the lease can tear them apart. One way to avoid grey areas is to ensure, at the beginning of the rental, that all aspects of the property are in a condition that could not deteriorate further due to normal wear and tear. However, in order not to have to resort to the Rental Housing Tribunal, it is advisable that the owners indicate in the rental agreement exactly what “fair wear” and damage. Changes to a leased property during the course of the lease, without the lessor or tenant intending to influence these changes, are considered general wear and tear. For example, the paint on the wall loses its splendor for a few years and could come off, or mortar lines may appear on the floor despite regular cleaning. If the property has wood siding, it would develop small bumps over time. Wooden furniture would show signs of normal wear and tear by losing its color and integrity. “General wear and tear is that caused by normal daily use by the tenant. Examples include bleaching murals, discoloration of kitchen and bathroom tiles, traces of residue on floors thanks to limited paper towels, etc.,” says Abhineet Seth, founder of Abodekraftz.
All damage caused by use and not due to chance or improper handling is responsible for general wear and tear, he explains. There is no legal definition of “fair wear and tear”. It is subjective and depends on a number of factors. In essence, it is the amount of the damage that can reasonably be expected in all circumstances. They could define it as damage caused by aging and normal use. While tenants are responsible for repairing damage, they cannot be held responsible for wear and tear due to regular use. A tenant`s deposit can be used for a variety of reasons, one of which is damage to the rented property. This is sometimes a grey area for tenants, so it is in the interest of both the landlord and the tenant to have this clearly explained in the rental agreement.. . .