Friday, November 27, 2009

Normal Wear and Tear

One phrase that can trigger some smiles among property managers is the statement, "it's cleaner than when I moved in (the property)." Property managers hear this phrase from many tenants, from those who are clean to one who has lived as a pig in a sty. It is amazing how a tenant can view filth as “normal wear and tear.”

“Normal wear and tear” can elicit very different viewpoints, depending on the person to which you are speaking – a tenant, an owner, a property manager, or a vendor. However, there are definite items that do not apply to the phrase. Here are some examples:


▪ It does not apply to filth and dirt, heavy soil, black marks on walls, rips, or dye stains on window coverings, bleach, or oil on carpets, etc.


▪ It does not apply to negligence, such as allowing mildew to collect on walls & tubs, or not reporting a roof or toilet leak.


▪ It does not apply to abuse, such as ripped linoleum from installing a refrigerator, punching a hole in the wall, stained or ripped window coverings, washing the drapes, etc.


How does our company handle the “normal wear & tear issues?” The first step is to screen the tenants properly as a preventative measure. We prepare the property and create a record of good condition before the tenant moves in.


Our property managers then counsel the tenant on what to expect during tenancy. Then both the tenant and management company sign the rental agreement that outlines the requirements while they live in the property and when they move out.


Later when the tenant moves, we check the property and compare the tenant’s move in with the move out information, followed by properly preparing their security deposit in accordance with state law to protect the owner.


Undoubtedly, there will still be tenants who claim many of the items listed above are “normal wear and tear,” and property managers and owners alike will continue to hear this litany. It is not always easy to cope with the tenant who cries, “'normal wear and tear," when it is actually damage. However, by using common sense, working on the "tenant's perspective," and having good documentation, fewer problems arise, and those that do can be handled as needed.


If your investor is tired of handling tenant screams about normal wear and tear, have them call our management professionals. We can assist them, give them peace of mind, and when they are ready to sell their property, we refer them back to you.


Peter N. Lamandre is a Licensed Real Estate Broker, Consultant, Speaker, Mentor and Licensed Real Estate Instructor in Scranton Pennsylvania. He currently owns and operates Better by Design Real Estate, LLC a full service Real Estate Brokerage in Scranton, PA. One of the areas of specialty for Better by design Real Estate, LLC is property Management. Peter is a member of IREM (Institute of Real Estate Management), the National Association of REALTORS®, the Pennsylvania Association of REALTORS® and the Greater Scranton Board of REALTORS® where he services on various committees and taskforces. Peter can be contacted at his office at (570) 969-2105 or by visiting BetterByDesignRE.com. Nothing Contained within this post shall constitute the creation of an agency relationship between Better by Design Real Estate, LLC and the reader of this post. An agency relationship shall only be created upon mutual written agreement. The Real Estate Law requires that I provide you with a written consumer notice that describes the various business relationship choices that you may have with a real estate licensee. Since we are discussing real estate without you having the benefit of the Consumer Notice, I have the duty to advise you that any information you give me at this time is not considered to be confidential, and any information you give me will not be considered confidential unless and until you and I enter into a business relationship. At our first meeting I will provide you with a written consumer notice which explains those business relationships and my corresponding duties to you. Nothing contained within this post shall be construed as providing legal advice. Anyone with specific questions regarding legal matters should consult the advice of a licensed attorney.

No comments:

Post a Comment