How do I distinguish between normal wear and tear and damage?

Full question:

In 2006 we spent about $45,000 remodeling our house and then rented it to a family that proceeded to damage much of what we replaced. New bath fixtures, cooktop controls, carpet, tile, and others...a total of about $15,000 My question, how do you determine what is "normal wear and tear" and what is damage?

Answer:

According to Washington law (RCW 59.18.260), if a tenant pays a deposit, the rental agreement must outline the conditions under which the landlord can withhold part of that deposit for damages. The agreement should also include a written checklist detailing the condition of the property and its furnishings at the start of the tenancy. This checklist must be signed by both the landlord and the tenant, with a copy provided to the tenant.

Importantly, landlords cannot withhold deposits for normal wear and tear, which is the expected deterioration from ordinary use. Examples of normal wear and tear include minor scuffs on walls or worn carpet from regular foot traffic. In contrast, damage refers to issues that arise from neglect or misuse, such as broken fixtures or stained carpets.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Normal wear and tear refers to the expected deterioration of a rental property due to regular use over time. This can include minor scuffs on walls, slight fading of paint, or worn carpets from foot traffic. These issues are considered normal and cannot be charged against a tenant's security deposit.