NORMAL WEAR AND TEAR VS DAMAGES

NORMAL WEAR AND TEAR DEFINED: The legal definition of “normal wear and tear” as stated in the Colorado Real Estate Commission manual and defined in Section 38-12-102, C.R.S: “Normal wear and tear means that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests.”

NORMAL WEAR AND TEAR (Owner Charges)

Normal costs of turning over a rental after a tenant vacates may not be included on a claim for tenant damages. The costs an owner incurs for the basic cleaning and repairing of such items necessary to make a unit ready for occupancy by the next tenant are part of the costs of doing business.

The following is a list of items typically attributable to routine use or “normal wear and tear”:

• Fading, peeling, or cracked paint
• Slightly torn or faded wallpaper
• Small chips in plaster
• Nail holes, pin holes, or cracks in the wall
• Door sticking from humidity
• Cracked window pane from faulty foundation or building settling
• Floors needing a coat of varnish
• Carpet faded or worn thin from walking
• Loose grouting and bathroom tiles
• Loose or worn towel bars and fixtures
• Worn or scratched enamel in old bathtubs, sinks, or toilets
• Rusty shower rod
• Partially clogged sinks caused by aging pipes
• Dirty or faded lamp or window shades
• Dry lawn

Tenant damages usually require more extensive repair, and at greater cost than “normal wear and tear”, and are often the result of a tenant’s abuse or negligence that is above and beyond normal wear and tear.

TENANT DAMAGE (Tenant Charges)

• Gaping holes in walls or plaster
• Drawings, crayon markings, or wallpaper that the owner did not approve
• Seriously damaged or ruined wallpaper
• Chipped or gouged wood floors
• Doors ripped off hinges
• Broken windows
• Missing or broken fixtures
• Holes in the ceiling from removed fixtures
• Holes, stains, or burns in carpet
• Missing or cracked bathroom tiles
• Chipped and broken enamel in bathtubs and sinks
• Clogged or damaged toilet from improper use
• Missing or bent shower rods
• Torn, stained, or missing lamp and window shades
• Holes in the lawn and burnt spots in the lawn from pet urine