How do you determine what is "normal wear and tear" on a rental property?
Full Question:
In 2006 we spent about $45,000 remodeling our house and then rented it to a family that proceeded to damage much of what we replaced. New bath fixtures, cooktop controls, carpet, tile, and others...a total of about $15,000 My question, how do you determine what is "normal wear and tear" and what is damage?
11/08/2007 |
Category: Landlord Tenant |
State: Washington |
#11910
Answer:
The following is a Washington statute:
RCW 59.18.260 Moneys paid as deposit or security for performance by tenant
— Written rental agreement to specify terms and conditions for retention by
landlord — Written checklist required.
If any moneys are paid to the landlord by the tenant as a deposit or as
security for performance of the tenant's obligations in a lease or rental
agreement, the lease or rental agreement shall be in writing and shall
include the terms and conditions under which the deposit or portion thereof
may be withheld by the landlord upon termination of the lease or rental
agreement. If all or part of the deposit may be withheld to indemnify the
landlord for damages to the premises for which the tenant is responsible,
the rental agreement shall be in writing and shall so specify. No deposit
may be collected by a landlord unless the rental agreement is in writing
and a written checklist or statement specifically describing the condition
and cleanliness of or existing damages to the premises and furnishings,
including, but not limited to, walls, floors, countertops, carpets, drapes,
furniture, and appliances, is provided by the landlord to the tenant at the
commencement of the tenancy. The checklist or statement shall be signed and
dated by the landlord and the tenant, and the tenant shall be provided with
a copy of the signed checklist or statement. No such deposit shall be
withheld on account of normal wear and tear resulting from ordinary use of
the premises.