For landlords, rental properties are a great way to invest as they generate a consistent flow of revenue. However, keeping these qualities can be difficult, particularly when wear and tear are involved. Since this will determine who is responsible for repairs and maintenance, it is imperative that you, as the landlord, establish clear criteria for what constitutes intentional property damage and natural wear and tear.
Read this guide for property owners, as we will discuss what constitutes natural wear and tear, how it varies from damage caused by tenants.
Legal Considerations For What Landlords Can And Cannot Charge Tenants For
Regarding wear and tear, the law is very explicit on the landlord’s obligations. In your role as a landlord, you are responsible for maintaining the property in good repair. This involves addressing wear and tear over time by doing the required repairs and maintenance.
Generally speaking, landlords are not allowed to charge tenants for normal wear and tear, which is a normal deterioration of any rental property due to responsible use and the passage of time. It is legally acceptable only to charge, or deduct from the security deposit, for damages to the rental property caused by the tenant that are beyond normal wear and tear, including neglect, accidents, and unauthorized modifications. Hire a dedicated Atlanta property manager to address damage caused by tenants, aligning with the lease agreement.
Chargeable damage may include crayon or graffiti marks on walls, holes from nails or screws larger than ordinary small nail holes, burns or stains on carpet, broken windows or doors, missing or damaged fixtures, unauthorized alterations such as repainting or wallpapering walls, and damage caused by negligence, such as mold caused by not reporting leaks. All charges should be reasonable, sufficient, and typically require itemized deductions and supporting evidence in the form of move-in and move-out inspections, photographs, or checklists.
As long as it is acceptable and warranted, this is often accomplished by taking money out of the security deposit. Fair evaluation and documentation are important to assess normal wear and tear. Having a thorough inventory with pictures from the beginning of the tenancy is a smart idea for landlords. In this manner, the state of the property at the conclusion of the tenancy can be compared to its initial condition. The age and condition of the damaged item should be taken into consideration when determining the real cost of repair or replacement.
Laws, definitions, and procedures differ from state to state and country to country. California, Florida, New York, Texas, and Illinois have their unique rules regarding the return of deposits and limits on charges for wear and tear.
Working With Tenants To Minimize Wear
- Encourage Timely Reporting
Rental property management relies heavily on timely reporting of repairs. By immediately reporting maintenance issues, landlords can prevent them from becoming worse, ensuring a safe and comfortable living environment. Early repair attention also lowers repair costs, guarantees adherence to housing codes, and prevents property damage.
Due to unresponsiveness, maintenance expenses, or fear of being blamed, many renters are reluctant to report problems. Others might not be aware that little issues can become more serious. Delays in maintenance, however, can result in expensive repairs, irate tenants, and legal issues.
Keep lines of communication open and constant with your tenants. Regularly remind them of their responsibilities for basic property care, such as cleaning and replacing air filters, and reporting any maintenance issues. Tenants can develop a sense of shared responsibility for the property by being encouraged to contact you if they see any indications of wear and tear or damage.
- Schedule Proactive Inspections
Instead of waiting for issues to present themselves, be proactive by implementing regular preventative maintenance checks. Properly maintaining your property can keep small issues from becoming large repairs. Check in on your property on a regular basis to take note of any signs of wear and tear, such as peeling or chipped paint, plumbing issues, or appliances not lasting as long as expected.
Establishing a predetermined frequency in advance is the greatest approach to perform property inspections without destroying your relationship with your tenants. An inspection of the entire house should be performed every four or six months as a general rule. It is also important to notify tenants in advance of upcoming property inspections. Fixing small issues immediately can help extend your property’s life.
Final Thoughts
Managing wear and tear and maintaining rental properties helps landlords protect their interests against property damage. The first step in taking the proper action is to comprehend the distinctions between regular wear and tear and damage caused by tenants. Landlords can reduce damage to their rental property by giving regular maintenance as the top priority, allowing the longevity and value of their rental properties. Property owners should also keep up with local legislation and make sure that any deductions from security deposits adhere to the rules.
