What constitutes property damage?

A landlord is able to claim the tenant’s bond if they believe the tenant has damaged the property beyond just wear and tear.

It is important that both landlords and tenants are aware of what constitutes damage beyond wear and tear.

Wear and tear

Generally, ‘wear and tear’ refers to damage or deterioration that occurs normally over time. A tenant cannot be penalised as a result of wear and tear on the property. Examples of wear and tear include: 

  • Traffic marks and indentation on carpet and furniture

  • Scuffed flooring

  • Faded curtains

  • Frayed cords 

  • Worn railing

  • Chipped, faded or cracked paint 

  • Cracks in the walls 

The exact definition and severity of wear and tear will vary from tenant to tenant.

For example, a family with small children is likely to cause more wear and tear to a property. This should be anticipated by the landlord or property manager during the tenant selection process. 

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Damage 

Damage to a property can be caused either intentionally or accidentally, maliciously or through carelessness.

In these cases, the damage is a result of the tenants’ actions and will usually exceed accepted wear and tear.

Tenants are also responsible for damage that could have been avoided. Examples of property damage include: 

  • Graffiti

  • Damage caused by a pet (urine stains, chewed or torn furniture, etc) 

  • Burns and stains on carpets and rugs

  • Deep gouges and scratches on wooden flooring

  • Smashed windows 

  • Cuts, dents and burns on bench tops 

  • Holes in walls 

  • Destruction or theft of landlord’s property

Before attempting to claim the bond to cover property damages or attempting to challenge a landlord making such a claim, ensure you have fully assessed the situation and have a clear understanding of the origin of the damage. 

Landlords and property managers can take pre-emptive steps to try to avoid property damage. Some options include providing mats and furniture protectors or providing cleaning instructions on the addendum on the lease. 

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