Property 101: Understanding the difference between damages and 'fair wear and tear' in rentals
Before signing that lease, ensure you know how this might affect your deposit.
Buying a home. Pexels: Rdne Stock Project 8293778
Sara-Jayne Makwala King (standing in for CapeTalk's Pippa Hudson) speaks to Marlon Shevelew, Director of Marlon Shevelew and Associates Incorporated.
Listen below:
According to Shevelew, it's important for tenants to understand the distinction between damage and 'fair wear and tear.'
In rental terms, 'fair wear and tear' refers to the natural and gradual deterioration that happens over time through normal, everyday use of the property.
Damage results from negligence, misuse, or accidents that go beyond ordinary use.
Landlords are usually responsible for addressing fair wear and tear - which might cost tenants extra, depending on the wear and tear of the item in relation to the tenants' stay, while tenants are expected to repair or pay for any damage they cause. The latter is usually deducted from the tenant's deposit.
Legally, tenants are required to return the property in the same condition it was in when they moved in—excluding fair wear and tear.
"When it comes down to leaving a property, there's always the issue of the deposit which sits and accrues interest... and the landlord deciding to beautify the property with the money he has from the tenant, or returning the deposit plus the accrued interest. What people don't realise is that the security deposit - the damages deposit - is intended to fix up any damages to the property."
- Marlon Shevelew, Director - Marlon Shevelew and Associates Incorporated
Fair wear and tear is always a debatable issue because landlords might think they can use the deposit to make the rental property beautiful for the next tenant, but "that's not what it's for," says Shevelew.
"This perception that the landlord has this kitty available to him with interest, and using it to fix up the property - but you're not allowed to use the deposit to fix up any damages except if it is damages, but if it's fair wear and tear, it can't be used for that purpose."
- Marlon Shevelew, Director - Marlon Shevelew and Associates Incorporated
Shevelew advises prospective tenants to carefully read the special conditions in the lease agreement, which outline details such as who is permitted to occupy the property, the duration of the lease, and maintenance responsibilities.
Tenants are typically responsible for maintaining the interior of the property, while landlords are expected to take care of the exterior.
Scroll up to the audio player to listen to the full conversation.