Damage Or Wear And Tear? Park City Property Management Info
When it comes time for a property to be returned to a rentable condition after a tenant leaves there are several points you should be aware of. In a previous blog post, Park City Property Management - 3 Key Time Periods For Lease End, I covered some of the main points. In this post I would like to deal specifically with the idea of damage versus wear and tear, particularly when it applies to determining the amount of deposit to refund to a tenant.
Definitions
Let me preface these definitions by first saying that I am not an attorney and this should not
be construed as legal advice. The purpose of this blog is to point you in the right direction if you have questions and provide some basic information. If you need further information I suggest you contact an attorney who specializes in Utah property management. Perhaps the most concise definition of "wear and tear" is unavoidable deterioration resulting from normal use. The idea of normal use is somewhat expounded upon in the Utah Fit Premises Act with ideas like reasonable and "in the manner for which it was designed" highlighting the correct care of a property and terms like "negligently destroy" defining the incorrect care. Damage, as you may already understand, is something that did not arise from the normal use of a property. Part of being a responsible tenant is notifying your landlord in writing if there is a necessary repair. I discussed this in more detail in Tenant Tips - 4 Tips From A Park City Property Management Company.
Examples
I think that providing a few examples of damage versus wear and tear will help to establish a base line for determining things on their own. It is impossible to cover every situation and terms like "reasonable" and "negligent" can be very subjective. This list is not meant to be exhaustive but rather to help establish an idea of what constitutes both concepts so the reader can make a more informed judgment going forward. With that in mind lets begin. A 
loose or sticky door handle, or a handle that falls off would be considered wear and tear but a broken door handle or door jamb from a forced entry would be considered damage. Carpet that is worn and in need of cleaning would be considered wear and tear while burns, tears, stains, and other similar items would be considered damage. The same could be applied to an linoleum or wood flooring in a property. Scuffing, dull finishes, and fading are wear and tear while gouges and tears would be damage. An oven burner or range element that no longer works would be wear and tear while a missing burner, oven racks, or other parts would be damage. Microwaves quit working, plumbing leaks, faucets drip, and disposal seize up. These items are all wear and tear. Missing microwave trays, repeatedly clogged drains, broken faucets, and a fork in the garbage disposal could all be considered damage. Cracks in walls due to settling along with faded, cracked or chipped paint is standard wear and tear while holes in walls from paintings and pictures that are not properly patched, sheet rock damage caused during moving, and an unauthorized paint color applied by a tenant would all be reasonably considered damage.
Summary
I could continue on with many more damage versus wear and tear examples but I think we all get the picture. Best practices for landlords and tenants is to always perform a walk through when moving in and use a form that spells out landlord and tenant responsibilities and allows a tenant to make note of any items or conditions in the property that are present at move in. If you encounter a situation that is perhaps not as clear as the ones listed above communicate with your tenant and work towards a reasonable compromise for all parties.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
