In most tenancy agreements, there is a reasonable or “fair wear and tear” clause which imposes upon the tenant an obligation to keep the premises in “good and tenantable repair and condition” throughout the term of the tenancy. This generally means that the tenant should keep the premises in good order and condition, and return the rented property to the landlord at the end of the tenancy in a condition comparable to its pre-tenancy state.
This “fair wear and tear” clause is often followed by a caveat that says “fair wear and tear and acts beyond the control of Tenant excepted”, which aims to limit the tenant’s liability to reimburse the landlord only for damage beyond reasonable usage or normal ageing of the property, i.e. beyond fair wear and tear. This means that the tenant is not liable for any damage caused to the property that falls under fair wear and tear.
A standard tenancy agreement usually states that tenants are liable to pay for repair and maintenance costs below a certain amount. This amount can range from eg. $150 to $300 and could be for things such as air-conditioning servicing, tap repairs, and new light bulbs.
Suppose the damage to the property or change in the condition of the premises is beyond fair wear and tear. In that case, the landlord may hold the tenant liable by retaining the tenant’s security deposit as compensation, or by requesting the tenant to make repairs at his or her expense.
It is important to have a look at the Tenancy Agreement to determine who is responsible.
Warm regards,
Shaun-Paul Lopez
Your Property Steward
CEA Reg: R060313B
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