Varsity Villa Rental

Normal Wear and Tear

Wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging. The “normal wear and tear” is an expression that has legal implications and is typically considered when evaluating damage to the apartment at the walk-out inspection at the end of your tenancy. Damages that do not qualify as normal wear and tear and were not logged during the walk-in inspection are charged back to the Tenant.

Tear and wear is a form of depreciation which is assumed to occur even when an item is used competently and with care and proper maintenance. In other words, things break down in a particular and typical way over time even when well taken care. However, it is implied that the objects in question are stressed in their normal and intended use while taken care of. Namely, the use designed for, and such that is normal for the given amount of time it was used.

Rented premises should be returned to a landlord in the same condition it was given to the Tenant minus normal wear and tear. The security deposit is usually used for deducting the repairs for damages that did not fall in the wear-and-tear category but for which the Tenant is responsible. This is where the move-in report is instrumental to the Tenant to prove pre-existing issues when present. You should require your landlord to give you as much time as you need for your move in inspection, and you should make sure the landlord is not interfering with your ability to focus on the task at hand.

 

Damage tends to occur from unreasonable use or accidental damage. This can include extreme build-up of dirt, mould, etc. (from neglect), stains and scratches on floors, swollen floors from water left to pool without wiping, broken windows, ripped screens resulting from leaning or accidental scraping of the windows screens.

 

Intentional alterations to the premises are considered damage. For example, based on the lease you have signed the Tenant cannot leave large holes in the walls from shelving, hanging pictures, or other heavy objects. The Tenant is not allowed to repaint the walls or significantly change the color.

 

If a tenant wants to make changes to the premises that will remain after the tenant moves out, i.e. additions of permanent fixtures, then the tenant must only do so if has the landlord's written permission. Such permissions must be available at the time of move-out to avoid charges from the security deposit on these items.

 

We have taken steps to avoid disputes over damage as follows:

·         Your lease has an Appendix stating a use and care section for various elements in the apartment to help prevent inappropriate use. This Appendix encloses your signature and in some cases your initials as well.

·         Your lease states that any changes by you require the Landlord’s permission in writing.

·         A clause in our lease requires Tenants to report problems in a timely manner. If you have neglected and allowed a problem to build damage, you are liable for that damage, however by working together to maintain high living conditions we can significantly reduce the cost of problems for all.

·         A move-in inspection is mandatory in our rental property. You cannot opt out or wave the right to an inspection. You must record the state of the apartment before you move in, and should state anything out of the ordinary that may be looked at when moving out.

 

The following are some examples that we found on various web sites debating the issue of wear-and-tear. These may be relevant, or not, to your situation. You will notice that your apartment may, or may not have carpets, linoleum or other items listed below. In that case it would clearly not be applicable to you. Please take time to research this topic as well as needed.

 

The list below is not intended to determine fault, it attempts to distinguish between what is normal wear and tear, and what constitutes more extensive damage. The right column IS overwhelming, but unfortunately, there seems to be an infinite number of things a person could do that would not fit normal use of an item. The hope here is to have a large number of examples that show the gest of what we understand to be the results of unreasonable use.

 

We welcome any additions/corrections to this document for our own knowledge and future tenants as well. We would especially like to have more examples of normal wear-and-tear to update this document. Damages are not normal wear and tear and are covered by the tenant.

 

Wear and tear examples	Damage examples
Fading or yellowing of paint	Dirt, smudges, crayon marks on walls
Fading of floors due to walking on them	Many nail holes,  big gauges where heavy objects were hanged from the wall
Loose wallpaper	Stains/scratches or burns on carpets or floors
Textile (ex curtains) fading by sun	Dents and scratches on floor tiles
Bathroom mirror beginning to “de-silver”	Dents and scratches on kitchen furniture
	Water damage (swelling and fading of original color) to permanent fixtures made of wood (for ex. from drying wet clothing on a railing)
Odours that dissipate over a few hours	Broken windows
Smoke detectors that expired	Torn or missing window screens
Sun damaged floors	Broken or missing blinds or window coverings, damaged drapes or rods
Rusted out garbage disposal	Gouges in doors
Discoloured ceramic tiles due to aging	Gouges in walls
The type of staining inside of fireplace that occurs from normal use	Scratches on the moulding and on or around doors
Residual stains on parking space after removal of grease or oil	Accumulation of dust, dirt, grease, grime, debris, hair, chemicals, soap residues, etc.. Inadequate cleaning of such.
General discoloration of carpets in high traffic areas, as appropriate to the amount of time spent in the apartment.	Damaged ceramic tiles in bathrooms, entryways, or kitchen floors
	Broken ceramic or marble
	Broken toilet seat or tank top
	Dirt behind the refrigerator
	Dirt behind the stove drawer, visible when pulled out.
	Writing on walls, unapproved paint color or excessive dirt requiring paint more frequently than necessary
	Grime-coated bathtub or toilet
	Mirrors broken, missing or caked with grime
	Broken or missing refrigerator door, shelves, trays, bins or bars
	Missing faucet handles
	Burns, cuts, or cracks in the countertop
	Greasy, sticky or broken cabinets and interiors, missing shelves
	Damaged or missing closet door
	Broken or bent shelves in the closets
	Missing, broken or bent slats on blinds
	Smoke damage to paint from smoking or burning candles, and odours that do not dissipate over a number of hours.
	Lost keys
	Garbage, furniture, or personal items left behind
	Door locks replaced by tenant without management permission
	Installation of door chains without the landlord’s written permission
	Keys broken off inside lock; missing keys; lock-outs
	Failure to report problem in a timely manner, or comply with normal maintenance requirements which could lead to further damage, such as: leaks, defective weather-stripping, mould formation due to water penetration, loose/missing grout around ceramic tiles
	Mould-stained or dirty grout between ceramic tiles
	Mould-stained or dirty caulking in showers/tubs
	Plant hangers installed and/or left in ceilings (landlord written permission required before installation)
	Broken drawer guides
	Excess wear to lower walls/baseboards from bicycles, tricycles, winter shoes and dirt, which are not allowed upstairs inside the apartment
	Damaged/bent towel bars
	Smoke detectors that have been removed or batteries not replaced, where applicable
	Permanent damage of floors, walls, baseboards due to improper protection from aquariums, washing machine leaks or other water sources
	Permanent damage of floors, walls, baseboards from water from dripping cloths air-dried (there is no permission to do so) inside the apartment. This is especially a problem with families using a large number of washer loads.
	Damage to walls, and tiled or wooden floors as scrapes/dents due to furniture movement.
	Tears in linoleum – due to furniture or appliances being moved
	Missing/damaged fixtures (ex. blinds); burned out light bulbs not replaced
	Ashes in fireplace from burning inappropriate fuel or other materials.
	Food, dirt or nicotine on walls, cupboards and appliances.
	Broken glass anywhere.
	Clogged drains caused by your misuse of sinks or toilets.
	Excessive dirt/dust in the refrigerator vents.
	Excessive dirt/dust on baseboards, wall vents, and registers.
	Plumbing problems due to hair or other things that may build up in, or where dropped in the drain.

 

 

When things break accidentally it is the responsibility of the tenant, and it is not considered wear-and-tear. Our opinion is that it is better to take care of it during the tenancy, and have it fixed. Consequently, the tenant can continue to enjoy the functionality of that item for the remainder of the tenancy. Additionally, the landlord may be able to help reinstall the item for free (may not always be the case depending on the item), while the tenant would pay for its replacement or current value at the time of fixing rather than in the end, and therefore would be no need to deduct further from the security deposit on that issue. 

 

Alternately, the broken item would be discovered at move out. A deduction would be made then from the security deposit. However in this case, the landlord would account for both value and installation, which is a pity considering the tenant would potentially not have enjoyed the item for the entirety of their tenancy.

 

Plumbing should always be recorded in the move in inspection report. Assuming the plumbing was in normal condition at the move in time, most plumbing problems are due to style of use, such as flushing hair down the drain and dropping things or food into the drain.

 

Depending on the style of use, one may need calls to the plumber frequently or rarely. As all plumbers charge a deployment fee regardless of whether they will proceed with fixing the problem or not, tenants may consider their choices carefully and opt for using garbage bags instead of the drain to dispose of unwanted debris, as it is clearly the cheaper option by far.

 

The plumbing problem is debated by tenants and landlords so often, that all standard rental leases purchased at the Calgary Apartment Association contain one or more clauses that address the cost of the plumbing as the responsibility of tenant (see below).

 

There are some exceptions of course, that is if the plumbing problem is caused by some structural issue that is not the tenant’s fault. The plumber should always be asked to write up a short description of what was the cause of the problem.

 

 

 

 

 

Did you know?

Nearly all Plumbers in Calgary charge a deployment fee.

Call a plumber to inform yourself what a plumbing job entails.

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