What is considered wear and tear in a lease? When can the landlord still raise this issue?


Questioner

I recently moved, and had my last home inspection about two weeks ago. The house I was renting was furnished. Now it turned out that some of the furniture was no longer in perfect condition: in my opinion, after three years of using the house, this was the result of wear and tear. However, the landlord thought that these items had to be replaced, and that the costs of this would be deducted from my deposit. Since there seemed to be only a few items at the time, I agreed to this. However, exactly one week later, the landlord called to say that even more furniture was no longer in its original condition, and that this would also be deducted from my deposit. He also said that the laminate had also deteriorated, and asked if I could cover this with my home insurance. Now I am actually wondering two things. First of all: does such deterioration of the items not fall under wear and tear? And secondly, can the landlord still bring up something like this after the last home inspection has already passed? Thanks in advance for your help!

Lawyer

The landlord should have noticed all this during the last inspection after all the alleged wear and tear on the floor and furniture is not hidden. Normal age and wear is also not damage that was caused by the tenant and the landlord is responsible for it. He must reserve money for replacement. And again, the damage should have been noticed. If you wish, I can help you with this problem so that you get the entire deposit back.

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