What is Normal Wear from Use and Tear from Age?
Owners want their property returned in the same condition as when a lessee took possession of that property; however, that perception of condition is one-sided.
Some lessees return property in better condition, and an owner should reward a lessee for such actions. Other lessees have a tendency to procrastinate their responsibilities because cleaning and maintenance is a boring job, or are unable to schedule time, or do not know how to care and that creates a stressful environment.
To reduce that stress, and minimize disputes, this disclosure further defines the Lease Agreement section Possession subsection Surrender of the Premises.
Carpets:Lessees are not responsible for wear patterns.
Lessees are responsible for stains from pets, grease, paint or any other spills, tear or movement in the event of an accident or neglect, and without limitation.
Walls and Other Surfaces:Lessees are not responsible for existing issues shown in photographs taken at time of lessees' possession, or written on a signed Lease Agreement.
Lessees are responsible for cleaning up minor markings. The most common problem are furniture rubs on the wall.
Lessees are responsible for payments made to professional contractors to repair large areas of finish missing, holes, nail holes, gouges, nicks, cracks or other markings in the event of an accident or neglect, and without limitation.
Dust, Dirt and Grime:The definition of a clean home is all surface areas without dust, dirt and grime, including basements and garages if your home includes these areas.
Lessees are responsible for payments made to professional contractors to fulfill the definition of a clean home.
Pet Damage:Lessees are responsible for payments made to professional contractors to fill dug-up yards, or repair scratches and chew marks on any surface, and without limitation.
Lessees are responsible for a proportional payment for the replacement of an item because the Internal Revenue Service requires it to depreciate greater than one year.
For example, a carpet depreciates over 10 years, and its cost is $1,000. The owner deducts $100 per year on a tax return. A lessee accidentally or negligently ruins carpet, and it is 5 years old; therefore, the lessee pays $500. If the carpet is over 10 years, the lessee pays its value before ruined, and its value is the opinion provided by a licensed carpet installer.
Otherwise, a lessee is responsible for the full payment, if a licensed professional concludes the condition of any item is not repairable or restorable.
If a lessee is not a licensed professional for a particular repair or restoration made by that lessee and an owner deems repair or restoration as unprofessional, the lessee is responsible for payment made to undo that repair or restoration and payment made to repair or restore in a professional manner.
Your Lease Agreement may answer some of your questions, if any, or contact us so that we may assist you on this important subject.
This disclosure is a guide to help you maintain your home as happy, safe, healthy and good condition.