Landlord claims damage; tenant claims wear and tear..

[Jayde Brown]

My question is in regards to wear and tear; specifically, plumbing below the floorboards and inside the walls on a 20-year-old rental cottage. If there is leak not readily noticeable, as in occurring inside the bathroom wall and down into the subfloor, is this considered wear and tear? Leak wasn’t a gusher, just a few little drops every 8-9 mins… 

Also is the toilet wax ring/bolts/supply line replacement- which was not due to misuse or abuse or damages, just age-the responsibility of the moved-out tenant to pay (taken out of security deposit)?  

Just want to hear your thoughts about wear and tear. TIA. 

[Melissa Hartvigsen]

Quote from @Jayde Brown:

My question is in regards to wear and tear; specifically, plumbing below the floorboards and inside the walls on a 20-year-old rental cottage. If there is leak not readily noticeable, as in occurring inside the bathroom wall and down into the subfloor, is this considered wear and tear? Leak wasn’t a gusher, just a few little drops every 8-9 mins… 

Also is the toilet wax ring/bolts/supply line replacement- which was not due to misuse or abuse or damages, just age-the responsibility of the moved-out tenant to pay (taken out of security deposit)?  

Just want to hear your thoughts about wear and tear. TIA. 

Hello Jayde,

A  leak occurring behind the wall and under the floorboards could not be attributed to the tenant.

 A new wax ring and bolts for toilet is also normal maintenance that needs to occur.

Do not charge the tenant for either of those items by withholding money from the deposit.  Both of these are normal maintenance items that are solely the landlords responsibility.

The real distinction, as to what is considered damage: obvious items that were caused by somebody’s misuse, or neglect.  Common things I have seen over the years: severely stained carpet, doors broken off hinges, holes in the walls, missing refrigerator shelves, broken blinds, etc.

Sincerely,

Melissa