Can a Landlord Charge Extra If Furniture Is Damaged by Normal Use?

In a furnished rental property, furniture naturally experiences some level of wear and tear over time due to normal use. However, landlords are typically responsible for maintaining the property and its furnishings, and tenants are expected to return the property in a similar condition (excluding reasonable wear and tear). Landlords cannot charge tenants extra for damage caused by normal use; they can only charge for damage caused by negligence or misuse.

Can Landlords Charge Extra for Furniture Damaged by Normal Use?

Wear and Tear vs. Damage:

Wear and tear refers to the natural deterioration of furnishings over time due to normal use, such as faded upholstery, minor scratches on furniture, or slight fading of curtains. Landlords cannot charge tenants for these normal changes.

Damage occurs when the furnishings are broken or significantly damaged beyond ordinary use, such as a sofa torn by an animal, stains that are difficult to clean, or furniture that is ruined due to misuse. This can lead to the landlord charging the tenant for repairs or replacement.

Example:

A sofa cushion naturally flattens over time due to regular use (wear and tear), but a tenant’s pet chews the sofa cushions or a drink spills and causes a permanent stain (damage). In the latter case, the landlord could charge for repairs or replacement, but not for the natural flattening of cushions.

Rental Agreement and Terms:

The rental agreement should clearly define what constitutes normal wear and tear and what is considered tenant-caused damage. The agreement may include specific clauses regarding furniture upkeep and whether the tenant is responsible for costs beyond normal wear and tear.

Example:

If the lease specifies that the tenant is responsible for repairs to certain types of damage (e.g., pet-related damage), the landlord may charge the tenant for specific repairs that are outside normal wear and tear.

Landlord’s Responsibility for Normal Use:

Landlords are obligated to maintain the furniture in good condition at the beginning of the lease and ensure that it is fit for use. If damage happens from normal wear and tear, it is generally the landlord’s responsibility to address this without charging the tenant extra.

Example:

A tenant’s use of the furniture results in small scratches on a wooden table, which is expected over time. The landlord cannot charge the tenant for these scratches, as this falls under wear and tear.

Security Deposit:

Landlords often require a security deposit to cover the cost of any damage that exceeds normal wear and tear. However, if the damage is caused by normal use, the landlord cannot claim it against the security deposit.

Example:

A tenant has lived in a furnished apartment for two years, and the sofa has minor scratches from everyday use. These minor scratches are typically part of normal wear and tear and should not be deducted from the security deposit.

Repairs and Maintenance:

If the furnishings need repairs due to normal use, landlords are typically responsible for arranging and covering the costs, unless the damage is caused by the tenant’s negligence or failure to follow the terms of the lease (e.g., allowing pets on furniture when the lease prohibits it).

Example:

A tenant may notice a scratch on the dining table after years of use. The landlord is responsible for repairing this as part of normal wear and tear, and cannot charge the tenant for this repair.

What Can a Landlord Charge For?

Damage Beyond Normal Use:

Landlords may charge the tenant if the furniture is damaged due to negligence, misuse, or carelessness, which goes beyond the typical wear and tear. For example, stains from non-food substances (such as paint or ink) on the carpet or couch, broken furniture due to rough handling, or failure to maintain appliances could lead to charges.

Example:

If a tenant spills a bleach solution on the carpet, resulting in an irreversible stain, the landlord can charge the tenant for the cost of cleaning or replacing the carpet, as it is damage and not normal wear.

Extra Charges for Repairs:

If the tenant agrees to certain repairs or replacements in the lease, and the property experiences damage that requires these actions, the landlord can charge for those repairs.

Example:

A lease agreement may state that the tenant is responsible for repairing any damages beyond normal use, such as replacing a broken chair if it was mishandled.

Example:

Mr. Kumar rents a furnished apartment with a couch, dining table, and TV. Over time, the couch fabric becomes slightly worn due to regular sitting and usage, which is considered normal wear and tear. However, Mr. Kumar accidentally spills wine on the couch, causing a permanent stain. The landlord could charge Mr. Kumar for cleaning or replacing the couch due to the damage caused by the spill. However, the slight fabric wear from regular use would not result in any extra charges.

Conclusion:

Landlords cannot charge tenants extra for furniture damaged by normal use such as natural wear and tear. They are only allowed to charge for damage caused by negligence, misuse, or carelessness that goes beyond typical wear. It is essential for the rental agreement to clearly define the differences between wear and tear and damage, as well as the tenant's responsibilities for repairs. Tenants should be aware of their rights and the terms outlined in the lease to avoid unnecessary charges.