Fair wear and tear versus damage in rental properties

Tenants' responsibilities

At the end of a tenancy, the tenant is responsible for leaving the property as near as possible to the same condition as when they started living in it.

The tenant is responsible for negligent, irresponsible or intentional actions that cause damage to the property. They will need to organise and pay for repairs for damage they have caused or allowed (for example, by other occupants or guests).

However, the tenant is not responsible for 'fair wear and tear'.

Landlord or agent's responsibilities

Landlords and agents must provide a rental property that meets minimum standards and maintain the property to meet those standards. They are expected to respond in reasonable time to requests for repairs from tenants.

Examples

See below for examples of fair wear and tear versus damage.

Curtains

• Fair wear and tear – faded curtains or frayed cords
• Damage – missing or torn curtains

Carpet

• Fair wear and tear – furniture indentations and traffic marks on the carpet
• Damage – stains or burn marks on the carpet

Floors

• Fair wear and tear – scuffed up wooden floors
• Damage – badly scratched or gouged wooden floors

Paint

• Fair wear and tear – faded, chipped or cracked paint
• Damage – unapproved, poor quality paint job

Kitchen

• Fair wear and tear – worn kitchen benchtop
• Damage – burns or cuts in bench top

Doors and windows

• Fair wear and tear – loose hinges or handles on doors or windows and worn sliding tracks
• Damage – broken glass

Water stains

• Fair wear and tear – water stains on carpet from rain through leaking roof or bad plumbing
• Damage – water stains on carpet caused by overflowing bath or indoor pot plants

Walls

• Fair wear and tear – paint worn off wall near light switch
• Damage – damage to paint caused by removing posters stuck with blu-tack or sticky tape