If you have worked in property management for any length of time you have heard the term wear and tear.  We use it all the time and assume tenants and other managers know what it means.  To some of us the term is almost instinct.  As with all areas of the law, however, things are not always black and white, and one person’s damage may be another person’s wear and tear.  How do you determine what is wear and tear, and what is damage caused by the tenant?

First, we should review where this term comes into play.  When a tenant rents a unit the lease (a good lease) and the Arizona Landlord Tenant Act (including but not limited to ARS§ 33-1341) require the tenant to return the unit in the same condition in which they received it less normal wear and tear.  During the lease there may be times you need to determine if something is maintenance or damage, but we generally reference this term when the tenant returns possession of the unit, and the security deposit account must be created and provided to the tenant.  (ARS§ 33-1321)

Some cases of normal wear and tear are clear, and some cases of damage are clear.  Needing to replace 25-year-old carpet because the carpet pad is starting to show is clearly wear and tear (as well as deferred maintenance please don’t wait this long).  A 5 foot by 6 foot hole in the wall with a chair sticking out is clearly tenant caused damage.  The problems arise, of course, when the situation isn’t perfectly clear: smudges on the wall, dirty or broken blinds,   There isn’t always a bright line answer and things need to be assessed on a case by case basis, but we have put together a list for you comparing some of the common issues in an attempt to distinguish between damage and normal wear and tear.  We hope the attached chart is useful and helpful, but again remember each case can have unique circumstances that might change the nature of a repair.

A few specific notes on damage vs wear and tear and commonly asked questions:

  1. It is not unreasonable to require a tenant to patch and paint nail holes throughout the house, but charging for one or two throughout the house would probably be considered normal wear and tear and not damage.
  2. Painting needs to be done periodically on a rental property. A property need not be repainted every time a unit is rented, but every few years (depending on the quality of the paint and the number of times the property is turned) may not be unreasonable.
  3. The broken blind slat. If the blinds are past their useful life, the broken slat is probably wear and tear; if the blinds were brand new and the tenant was in the unit for one year the broken slat is probably damage.
  4. A door off the hinges is damage and a few scuffs is normal wear and tear.  A good rule of thumb for cabinets is any particular cabinet or cabinet door that differs from the other cabinets in the kitchen or bath is likely damage vs wear and tear.  That said if all the cabinet doors are off the hinges that is clearly not normal wear and tear.
  5. Slightly dusty items. It is reasonable to expect things to be returned in a clean condition, free of dust.  That said, we live in the desert.  As we all know you can dust in the morning and have dust back by afternoon.  When addressing dust on windows or light fixtures consider just “how dusty” the items are.  Have they been cleaned during the tenancy at all?  Are bugs built up in the shade of the light?  A very light coat of dust is part of life and could have been cleaned this morning and come back by the time you do the move out inspection.  Bug filled shades show the tenant has failed to properly clean.
  6. Smudges on the wall. A smudge here or there on the wall is likely to fall into the normal wear and tear category; however, coloring on the wall is not normal wear and tear (and we have children, nieces and nephews and grandchildren amongst our staff).  The entire bottom half of the wall being covered with grime and dirt as if little hands have constantly run along them is not normal wear and tear.  (Please note do not discriminate against families and tenants with children.  These references are used as examples.)
  7. Window Tracks. If your lease indicates the window tracks are to be left clean as part of the cleaning process when a tenant returns the property and the window tracks were clean when the tenant received possession of the property, cleaning the window tracks is part of cleaning and failure to clean may be charged against the deposit.  If, however, the tracks were a bit dirty when the tenant took the unit and the lease is not clear that specifically window tracks must be cleaned upon return of the property, unless they are utterly filthy it is probably normal wear and tear.
  8. If the appliance was in working order at the start of the lease it should be in working order at the end of the lease, but we all know appliances have a useful life and break at some point.  If there are signs the appliance has been misused it is likely damage; if the appliance is older and at the end of its life it is likely normal wear and tear; if the appliance is new have it repaired and inspected by a licensed individual who can hopefully let you know if a part simply wore out or was bad from the start or if there appears to have been misuse.

While tenants will continue to claim damage is normal wear and tear, property owners will continue to be sure normal wear and tear is damage, the courts will continue to sort through the distinctions (both correctly and incorrectly in my opinion) in cases brought before it, we are always here to help you determine on which side a repair lies.