In the end, unfortunately, there is no firm test for what can be submitted with the exception of “fair wear” in leases – it depends on the court`s interpretation of the facts and circumstances of the case. There are, however, a few indicators, in accordance with the case law described above. However, in order not to have to use the rental court, landlords are advised to say exactly in the rental agreement what “fair wear and tear” and damages entails. The formulations “fair wear” and “appropriate wear” are interchangeable. Even in states like Arizona and Florida, where a surety can be used for any purpose mentioned in the rental agreement – the repair of normal wear and tear does not reasonably justify withholding a tenant`s deposit. However, normal wear is a relatively subjective concept, and it can be difficult to know what you can or cannot charge a tenant for repair. To determine whether damage is caused excessively or simply by normal wear, ask yourself these questions: understanding what is considered normal wear and how it differs from excessive damage is something that every homeowner should know. If some items were worn at the beginning of the lease but are now damaged, this can be fair wear and tear. For example: If carpets and curtains are misleading, then normal use during rent could cause them. One way to avoid shadows is to ensure, at the beginning of the lease, that all aspects of the property are in a condition that could not be aggravated by normal wear and tear. Normal wear is the expected decrease in the condition of a property due to normal daily use. This is the deterioration that occurs during life in a property. It is not due to abuse or neglect.
If a tenant feels that the landlord has deducted too much from his deposit, or that the total surety has been retained for the damages, but the tenant feels that it is “fair wear and tear” of the property, the tenant should contact the rental court. Let`s start with a definition: “wear” is an artistic term that can vary on state law, but in general it refers to the expected degradation of housing and its features resulting from current and expected use over time.