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Richard
Richard, Lawyer
Category: Real Estate Law
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Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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The definition of normal wear and tear , i understand it can

Customer Question

The definition of "normal wear and tear", i understand it can be interpreted differently but I am having my inspection in 3 days after living in our apartment for 10yrs. We never had it repainted or carpet replaced and after moving the furniture, well it looks pretty bad. The carpet and paint will have to be done anyway, actually the entire apartment will have to be redone, but 10 yrs is a lot of wear and tear even if you took care of it. I have several scorch marks & cutting marks on the kitchen counters, but is there a health & safety law that says after so many yrs they have to replace it anyway? I know i will get hit with deductions but i dont want to get taken. Can you help with any of these? Thank You.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Richard replied 3 years ago.

Good afternoon. You don't have to even worry about normal wear and tear because the useful life of both the paint and the carpet have long since been used up. Typical rental carpet and painting useful life is 5 years. Meaning, as you reference, that when you leave, there is no useful life left..the place would have to be re-carpeted and re-painted no matter what, and you can not be charged for any of it.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 47084
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
What about things like kitchen counters, flooring in bathroom & kitchen(yellowing from build up, curling on edges, a few stains) Bathtub stains that wont come out. Also can they charge more for repairs then the security deposit i gave?
Expert:  Richard replied 3 years ago.

Everything that is the result of the natural aging process, presuming everyday use, is considered normal wear and tear and you would have no responsibility for such. If there are damages...as opposed to repairs for normal wear and tear...in excess of the security deposit, then the landlord can hold you responsible for the excess amount.

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