As a landlord, you know that managing tenant damage to your property is critical and when the lease term ends and your tenant moves out, you may find that your property’s condition isn’t in the same shape as before the tenancy.
This may leave you wondering whether the damage constitutes of normal wear and tear or excessive property damage.
In this post, we are defining normal wear and tear vs. property damage and highlighting the importance of being able to differentiate the two.
What is Normal Wear and Tear?
Georgia landlord-tenant laws define normal wear and tear as: “damage resulting from the normal use of the rented premises by a tenant.” In other words, normal wear and tear is the “normal depreciation” of a property.
It’s important to know that you cannot make deductions to a tenant’s deposit for damages that occur as a result of normal wear and tear. If there are no damages that exceed normal wear and tear, you must return your tenant’s deposit in whole.
Here are some examples of Normal Wear and Tear:
- Dents, smudges, chips, cracks and nail holes in the walls.
- Faded paint or torn wallpaper.
- A faded carpet.
- Scuffs on wood floors.
- Sticky doors due to high humidity levels.
- Warped cabinet doors.
- Loose grouting in bathroom tiles.
- Scratched or worn enamel in toilets, sinks, or bathtubs.
- Any worn appliances due to long-term use.
What is Excessive Property Damage?
Excessive property damage is caused by tenant negligence or abuse. It is not a result of natural depreciation of a property.
As a landlord, damage resulting from normal wear and tear is yours to fix. However, when a tenant causes excessive property damage, the liability for repairs lies solely with them.
In such a case, you’ll have a right to make appropriate deductions from their security deposit.
Here are some examples of excessive property damage:
- Dozens of nail holes or huge holes in the wall.
- Unauthorized paint colors, or an unprofessional paint job.
- Burns, stains, or holes in carpet.
- Chipped wood floors.
- Damaged appliances as a result of neglect or abuse.
- Cracked or damaged mirrors.
- Cracked or missing bathroom tiles.
- Grime, mildew, and mold in the kitchen or bathroom.
- Broken windows or doors.
What to do After a Tenant Causes Excessive Property Damage?
As already mentioned, you have a right to make appropriate deductions from your tenant’s security deposit for excessive property damage. According to Georgia security deposit laws, if you make deductions, you must send the tenant an itemized list of damages, as well as the remaining portion of deposit within 30 days.
What Damages Fall under Routine Maintenance?
After every tenant turnover, you’ll need to make your property rent-ready again. Of course, the goal of doing so is to make your property desirable to prospective tenants. And whatever you do in this regard falls under routine maintenance.
The following are some examples of routine maintenance.
1. Paint
If the walls look tired and faded, some painting may be necessary. Normally, a paint job is necessary every couple of years. Since this is part of routine maintenance, you must not deduct the cost of the paint job from the tenant’s deposit.
That said, if you need to repaint your walls because the tenant painted them without your approval, then you may be able to classify this as excessive property damage. This means you’d be able to deduct the cost of painting from their security deposit.
2. Carpet
Some landlords prefer to steam clean their carpets between tenants. Doing so would fall under the category of routine maintenance.
However, if your tenant has stained the carpet beyond repair, then you may be able to charge them for the cost of replacement.
3. Cleaning
Most landlords choose to have their rentals professionally cleaned between tenants. In this case, you cannot charge the tenant for doing so.
That said, tenants have a responsibility to leave their premises in a clean state. Ideally, they should be able to leave it the same way they found it, less normal wear and tear. So, if your tenant leaves it in a filthy condition, you may be able to charge them a cleaning fee.
4. Light Bulbs
When a tenant moves in, your rental unit should have functioning light bulbs. Likewise, your tenant should make sure they replace any bulbs that are burnt out before moving out.
As a landlord, you’ll only take responsibility for long, fluorescent tube lights, or any other light bulbs that were designed for long-term use.
Landlord and Tenant Responsibilities
Both landlords and tenants have responsibilities when it comes to maintaining rental units.
Landlords are responsible for:
- Ensuring their premises are habitable.
- Completing repairs within a reasonable period of time.
- Fixing damages caused by prior tenants in preparation for new ones.
Tenants are responsible for:
- Using heating, sanitary, plumbing, electrical, air conditioning, and other systems properly.
- Taking care of plumbing fixtures.
- Disposing of garbage from the unit.
How Can Landlords Prevent Property Damage?
The best way to prevent excessive property damage is by conducting thorough tenant screening. Checking a prospective tenant’s past rental history can give you valuable information on the kind of renter they are.
You may also want to get an eviction report from the public court records. This can tell you about things like nonpayment of rent, unlawful detainers on the tenant, and any writs and warrants of eviction.
Bottom Line
To sum, landlords are liable for damage resulting from normal wear and tear, and tenants are responsible for excessive property damage.
Also, remember that as a landlord, you can only make deductions to your tenant’s security deposit if they cause excessive property damage.
If you’re looking for more help, feel free to contact Avalon Property Management today.
