What counts as normal wear and tear in NSW rentals?
Normal wear and tear in NSW rentals refers to the expected deterioration of a property from everyday use over time. It includes minor scuff marks on walls, faded curtains from sunlight, or worn carpets in high-traffic areas, which tenants are not financially responsible for fixing.
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How it works in practice
Understanding Wear and Tear
Normal wear and tear is the gradual deterioration that occurs in a property simply by living in it day to day. In New South Wales, landlords cannot legally penalize tenants or deduct money from their bond for this expected aging process.
Examples of Normal Wear and Tear
Common examples of normal wear and tear include paint fading due to sunlight exposure, minor scuff marks on lower walls, or carpet naturally flattening in high-traffic hallways. It also covers small cracks in the plaster caused by building movement or water stains from plumbing issues that were not caused by the tenant.
What is Considered Damage
In contrast, damage occurs due to a tenant's negligence, carelessness, or intentional actions. This includes large stains on the carpet from spilled drinks, burn marks on kitchen countertops, unauthorized paint jobs, or shattered windows. Tenants are legally financially responsible for repairing this type of damage.
Why the Condition Report Matters
To determine whether an issue is wear and tear or actual damage, both parties rely on the original condition report signed at the start of the tenancy. This document establishes the baseline state of the property. Comparing the initial report to the final inspection allows fair assessment of how much the property has deteriorated and whether that deterioration falls under expected everyday use.
Important exceptions
While tenants are generally not responsible for wear and tear, an exception applies if a tenant fails to report a maintenance issue, which then worsens and causes secondary damage.
For example, if a minor roof leak is considered the landlord's responsibility, but the tenant ignores it and allows the water to completely ruin the carpet and floorboards, the tenant may become liable for the resulting damage.
Additionally, if a tenant attempts a DIY repair on normal wear and tear and accidentally causes further harm to the property, the landlord can legally claim compensation for that specific damage.
What you should do now
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Review your original incoming condition report to check the exact state of the property when you first moved in.
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Take clear, time-stamped photographs of all rooms and surfaces before you hand the keys back to the landlord.
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Compare the current condition of the property against the initial report to identify what is wear and tear versus potential damage.
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Discuss any noticeable changes with your property manager before moving out to agree on what constitutes normal aging.
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Claim your bond directly through NSW Fair Trading's Rental Bonds Online if you believe the landlord is unfairly claiming wear and tear as damage.
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