Omar Bennett
Normal wear and tear on a wood floor is a topic that often arises when tenants move out of a rental property. While there is no statutory definition of wear and tear, courts define it as normal usage. This typically results from the tenant's day-to-day use of the property, such as walking on the floors, using the benchtops, and moving furniture. In general, surface-level scratches, scuff marks, small nail holes, and sun damage are considered normal wear and tear, whereas deep gouges, extensive scratches, and missing pieces of wood are considered tenant damage. The determination of whether damage falls under normal wear and tear or tenant negligence can impact whether the tenant is held financially responsible for repairs or replacement.
Characteristics of normal wear and tear for a wood floor
| Characteristics | Values |
|---|---|
| Scuff marks | Small scuff marks are considered normal wear and tear. |
| Scratches | Light surface-level scratches are considered normal wear and tear. Deep cuts or an extensive series of scratches indicate tenant damage. |
| Stains | Small light stains are considered normal wear and tear. |
| Fading | Fading due to UV light coming through windows is considered normal wear and tear. |
| Holes | Small nail holes are considered normal wear and tear. |
| Indentations | Indentations from furniture are considered normal wear and tear. |
| Worn or scuffed flooring | Worn or scuffed flooring in high-traffic areas is considered normal wear and tear. |
| Warped floors | Very light warping in corners of the room may be considered normal wear and tear. |
| Peeling paint | Peeling paint is considered normal wear and tear. |
| Sun damage | Sun damage is considered normal wear and tear. |
| Dirt | A dirty property may be considered normal wear and tear, but the landlord can deduct from the deposit to cover the cleaning bill. |
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What You'll Learn
Surface-level scratches
There is no statutory definition of wear and tear, but courts define it as "normal usage". When it comes to wood floors, surface-level scratches are considered standard wear and tear. This type of scratching is inevitable, resulting from everyday activities such as walking through the house with shoes on or moving chairs. Over time, the finish on a wooden floor will degrade from standard foot traffic, and UV light coming through windows can also cause damage to the finish.
However, deep cuts in the wood that go beyond the surface are considered tenant damage and are not covered by standard wear and tear. This indicates tenant negligence and a lack of care for the flooring. If damage such as deep cuts occurs, tenants should inform their landlords immediately. Additionally, discrete damage from unprotected bed legs scraping on the floor is not considered standard wear and tear. It is recommended to pad the bottom of furniture when placed on wooden floors to prevent such issues.
In some cases, the responsibility for repairs may be split between the landlord and tenant. For example, if a tenant has lived in a residence for 30% of the expected lifespan of the floor, they may be responsible for 70% of the repair cost. However, regulations regarding security deposits and repairs vary depending on the state and local laws.
It is important to note that normal wear and tear is distinct from tenant damage, which is caused by misuse or abuse. While surface-level scratches on wooden floors are expected and considered standard wear and tear, deeper scratches or extensive damage may be indicative of tenant negligence.
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Sunlight damage
There are several ways to protect your wood floors from sunlight damage. One of the most effective methods is to prevent UV rays from entering through your windows. This can be achieved by closing curtains, blinds, shades, or draperies during the daytime. Installing UV-resistant tinted windows or applying UV-filtering window film are also effective ways to block UV rays. If you're building a new home or upgrading your windows, consider investing in laminated or Low-E coated glass, which can filter up to 99% of harmful UV rays.
Another way to reduce sunlight damage is by regularly rearranging your furniture and rugs. This helps distribute sun exposure more evenly throughout the room and prevents "tan lines" on your floor. You can also try landscaping by planting trees or shrubs near windows to naturally block some of the sunlight.
If your floors have already suffered sunlight damage, there are options for repair. For minor fading or discolouration, you can refinish your floors to restore their original appearance. In more severe cases, you may need to replace the damaged areas of your floor before refinishing.
To summarise, sunlight damage to wood floors is caused primarily by UV rays. Preventing or reducing the amount of UV light that reaches your floors is crucial to minimising this type of damage. By taking proactive measures, such as using window coverings and UV-blocking treatments, regularly moving furniture, and landscaping, you can help protect your wood floors from the fading and discolouration caused by sunlight.
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Scuff marks
In rental properties, surface-level scratches and scuff marks are generally expected as a result of standard usage. However, deep cuts or excessive scuffing on the wood floor that go beyond the surface may be considered tenant damage and could be subject to repair charges.
To address scuff marks on wooden floors, there are several simple and effective solutions. One method is to use common household items like tennis balls or school erasers to rub out the scuff marks gently. Alternatively, commercial products designed for removing scuff marks, such as Goo Gone, can be applied with a soft cloth using light pressure. It is important to test any solution on a small, inconspicuous area first to avoid unexpected results and always ensure proper ventilation and safety precautions when using cleaning products.
For heavier scuff marks or minor scratches, eraser shavings can be used gently with light pressure to smooth out the affected areas. Additionally, baking soda or commercial products specifically designed for floor care, such as revitalisation kits, can be utilised. These methods can help restore the elegance of your wooden floors without incurring significant costs or requiring professional intervention.
To prevent scuff marks and maintain the condition of your wooden floors, it is recommended to use floor-safe toys, apply protective finishes, and regularly trim the nails of pets to avoid scratches. Placing rugs in high-traffic areas and creating designated zones for pets can also help minimise scuff marks and other types of wear and tear on your wooden floors.
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Indentations from furniture
While there is no statutory definition of wear and tear, courts define it as "normal usage". In the case of wood floors, this can include surface-level scratches, scuffs, and light stains and indentations from furniture. However, discrete damage from unprotected furniture legs scraping on the floor is not considered normal wear and tear. Furniture legs should be padded when placed on wood floors.
In general, normal wear and tear refers to the gradual deterioration of a rental property due to regular use over time. This can include minor scuffs, scratches, and stains on the floors, walls, or appliances. It is expected that a rental property will experience some amount of wear and tear during a tenant's occupancy.
When it comes to indentations from furniture on wood floors, it is important to distinguish between normal wear and tear and tenant damage. Normal wear and tear would include light indentations that may occur over time from the natural use of the furniture. This could be from the everyday use of a bed or other furniture pieces. These indentations are typically superficial and do not cause significant damage to the wood floor.
On the other hand, tenant damage would include more severe indentations that go beyond normal usage. This could be the result of heavy furniture being dragged across the floor, causing deep indentations or gouges. It could also be the result of negligence, such as failing to use furniture pads or protectors. In this case, the tenant may be held responsible for the damage and may be charged for repairs or replacements.
As a tenant, it is important to take preventative measures to minimise indentations on wood floors. This includes using furniture pads or protectors, such as felt or rubber pads, under the legs of furniture. Additionally, when moving furniture, it is important to lift and carry it instead of dragging it across the floor to avoid creating indentations or scratches. By taking these precautions, tenants can help reduce the occurrence of indentations and maintain the condition of the wood floor.
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Light stains
However, deep stains that go beyond the surface are considered tenant damage. This is because they indicate negligence and a lack of care for the flooring. For example, deep stains could be caused by using a revitalization kit or cleaning the floor with heavy chemicals. Warped floors caused by moisture damage are also considered tenant damage.
In addition, the type of stain should be considered. For example, sun damage, such as UV light coming through windows and causing the finish to degrade, is considered normal wear and tear. This also applies to small stains and scuff marks, which are considered standard wear and tear.
It is important to note that the definition of wear and tear is not statutory and can vary depending on the context and specific circumstances.
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Frequently asked questions
Normal wear and tear on a wood floor are damages that naturally occur over time due to use and ageing. This includes surface-level scratches, small nail holes, worn areas in high-traffic areas, scuff marks, and sun damage.
Tenant damage on a wood floor refers to excessive or deep scratches, gouges, cuts, holes, or stains that go beyond normal wear and tear. This typically indicates negligence or misuse by the tenant. Warped floors caused by moisture damage may also be considered tenant damage, depending on the circumstances.
The responsibility for repairing normal wear and tear on a wood floor in a rental property may vary. It depends on local regulations and the specific terms of the lease agreement. In some cases, landlords may be responsible for touching up or repairing minor damages between tenants. If the damage is significant or the result of tenant negligence, the tenant may be held responsible for some or all of the repair costs.
