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Insurers generally recognise three types of tenant damage:. Cover for these three types of damage varies between insurers, with most excluding at least one type. Any damage caused by a tenant, their child, their pet or their guests, is the responsibility of the tenant. They have an obligation to repair or replace any damage caused. If the tenant does not make good on their obligations, landlords may be able to turn to their insurance to cover the costs of repair or replacement depending on their policy.
Although the insurer will cover the expenses so the landlord can reinstate their property, the responsibility for the damage remains that of the tenant. And that is why an insurer may exercise their right to pursue the tenant to recover costs though this often only happens where negligence or malice was involved in the loss. A basic way to determine if something is wear and tear or damage is to decide if it is something that is likely to happen gradually over time, based on the normal daily use of a residential home wear and tear , or something that has been misused, used for a purpose other than the one for which it was intended, or purposefully damaged damage.
Disagreements about wear and tear vs. There are certain times when a tenant is on safe legal ground to break their unexpired lease. Although you may Continue Reading. For more information or to discuss your legal situation, call us today at for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in the Bay Area. Attorney Advertising. This information is designed for general information only. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such.
Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis.
By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. Accessibility Notifications. Step 1 of 2. We Can Help. Call Us. Search for:. Examples of Wear and Tear California laws defining wear and tear are indeterminate. However, California court cases where landlords and tenants disputed damages provide examples to what normal wear and tear is, including the following: Small scuff marks on the wall Minor scuffs on wood floors Small chips of paint from door frames Faded carpet or tread and dirt in carpets Scratched or worn enamel on bathtubs or sinks Small nail holes in the wall Minor wear on appliances, and the natural decrease of useful life for appliances Examples of Damage Where Tenant Can be Charged One way to gauge whether the tenant will likely be financially responsible for the damage is whether the condition was caused by the tenant's own neglect, misuse, or abuse, and not from just using or living in the unit.
Wear and tear is something that just happens over time with normal use of the property — something that has not been caused intentionally, or by misuse or abuse. Because wear and tear is expected and considered normal depreciation, it is not covered by landlord insurance. And, what is damage? It is typically the result of negligence, carelessness or abuse. Insurers generally recognise three types of tenant damage:.
Accidental — the result of sudden, unexpected or unforeseen events such as wine spilled on carpets.
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