What is considered Ordinary Wear and Tear in a Leased Residential Property

What is considered Ordinary Wear and Tear in a Leased Residential Property

lease agreementWhen hiring a residential real estate attorney in Orlando to help you review and negotiate any residential lease agreements, one of the topics that may be covered is who is responsible for maintenance and repairs to the property. Generally, normal wear and tear is expected, but additional repairs could be required by the tenant. It is important to understand what is considered normal wear and tear when you are going to sign any type of residential lease.

What is Ordinary Wear and Tear?

When you are going to rent any residential property, it is important that you understand the concept or ordinary wear and tear. In general, ordinary wear and tear are considered to be any deterioration or depreciation in value of the property that will occur based on typical and ordinary use of the property. Ordinary wear and tear will not include damage that occurs due to misuse, intentional damage, accidental excessive damage, or neglect.

Generally speaking, ordinary wear and tear are to be expected. However, it is important for you to understand that you are going to be responsible for caring for and maintaining the property as well as possible. This will include cleaning, doing general maintenance on appliances, and doing your best to keep the property in good condition. It makes best sense to review your lease before you sign to confirm what will be your maintenance responsibilities as a tenant in connection with the property being leased.

What Happens if There is More than Ordinary Wear and Tear?

No matter what type of dwelling you lease, there is going to be wear and tear that will usually be expected by all parties. At the end of the lease term, there will typically be some form of post-occupancy property inspection completed. The inspection will then be used to evaluate whether there were additional damages to the real property and repair needs that go beyond normal wear and tear. If this happens, it is often the responsibility of the tenant to pay the damages arising from landlord having to make the necessary repairs after you move out of the leased property. However, there can be some disagreement as to whether a certain repair need is normal or excessive, and there can also be some disagreements as to whether the landlord followed proper procedure if landlord elects to make a claim on the security deposit if one was paid. When hiring a residential real estate attorney Orlando, residential tenants can receive the legal support they need in these situations. This should help you come to a fair resolution of the situation.

What is Covered in a Lease and Who is Responsible for Damages?

When you are going to sign a residential lease, there may be many provisions that will need to be negotiated. One of the most negotiated provisions in the lease agreement is often who is responsible for certain maintenance and repairs of the property. The lease should cover who is responsible for what repairs that need to be made on the property. Some residential leases for single family homes may include provisions, which hold the tenant responsible for making any maintenance and repairs to the property. Generally, under these leases, the tenant needs to return the property in the same condition it was received, normal wear and tear excepted; however, there are other types of leases, which may shift the burden of any maintenance and repairs the responsibility of the property owner.

When you are going to lease a property, it is important that you hire an Orlando real estate lawyer. While the Orlando residential real estate attorney can help you review and negotiate the lease, he or she can also help if you have any type of dispute in the future regarding maintenance and repairs. If you are looking for a real estate lawyer Orlando business owners should reach out to Nishad Khan P.L. When working with these Orlando real estate attorneys, you can receive the support you need to understand your maintenance obligations and to handle any disputes which can occur in the future.

 

The Orlando Real Estate Attorneys at the Law Offices of Nishad Khan P.L. serve clients with Residential, Commercial, and Investment Real Estate Transactions. Let our expertise in Central Florida Real Estate help you.