What guidelines are there when deciding what is “usual wear and tear”?
• Unfortunately there are no hard and fast rules. • Usual or ordinary wear and tear is what condition would the property be expected to be in after living in the unit for the period of time. • For example, Judges usually will consider that an apartment will have to be repainted after a tenant lives in an apartment for one year. Thus painting after a years time may not be claimed as a damage as it is usual wear and tear. • Similarly, it is commonly considered that carpet in rentals is fully depreciated after 7 years, the life expectancy of standard grade carpet. Thus a landlord will be entilted to 2 years proration of a carpet needing replaced after only 5 years of use which has been destroyed by a tenant. • Trash left behind is not usual wear and tear. Nor are dirty appliances. Holes in walls are not usual wear and tear, but picture nails may be. • You may need expert testimony to prove or disprove what is usual wear and tear. Return to FAQ Subjects • My tenants have damaged the proper
