What is normal wearand tear versus damages?

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What is normal wearand tear versus damages?

We have been at our current residence for 5 years. We are moving when our lease expires this spring. Rumor has it (for our landlords properties) that no one ever gets there security deposit back. We repainted about a year ago (with the landlords permission). I also regularly clean the beige carpets with my rug shampooer, but they are pretty worn and even lightly stained in some areas. How long can a tenant live in a residence before the landlord has to replace the carpets? What about the rooms the landlord didn’t paint and recarpet before we moved in?

Asked on December 7, 2010 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Normal wear and tear is a vague term that means different things to different people.  But generally speaking an apartment has to be "broom clean".   Cleaning it well, though, is a good idea. If you can not do it hire someone.  It should cost on the average $150.  Normal wear and tear can include faded paint as long as you did not cause it to fad in any way.  Damages are actual damages like broken things: wndows , holes in walls, etc.  Did you stain the carpet?  Then that may be an issue.  But the trick will be in calculating the damage in conjunstion with what the "useful life" of the carpet is or the paint job, etc.  This way the amount is prorated to your benefit.  Good luck. 


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