Tenant: "Landlady won't return 1120 deposit - claims I "destroyed" the apartment. But this is normal wear and tear!"
A deposit when moving into a rented apartment has become commonplace. Property owners want to have a guarantee that if furniture or appliances break, there will already be a "nest egg" for their repair. Usually, this deposit is returned without problems.
But an Onliner forum user faced the opposite situation. The landlady found many pretexts to keep the "extra" 1120 rubles for herself. Who is right?
The young man decided to move out of the rented apartment because the contract term had ended. Before moving in, the tenant left the owner a guarantee for the safety of the property — a monetary deposit. Now she doesn't want to return it:
— On Monday, the landlady and I signed an agreement to terminate the contract; that day I was ready to personally hand over the apartment to her. But she claimed she had no time and postponed the meeting until the next day.
The apartment was rented out far from after a renovation; the renovation was done 15+ years ago. Before me, the owners themselves and several other tenants lived there. When moving in, I photographed the most serious defects: what was broken or missing. I sent them to her. But I didn't pay attention to minor things, such as scratches on the countertop or stains on the kitchen set.
She only got into the apartment on Saturday without me. I asked if she had inspected the apartment, and she presented various deficiencies to me via messenger.
The main claims are: a kitchen set "ruined" to the point of being "trash," knife marks on the countertop, a stain on one facade, and a damaged toilet.
The toilet is indeed damaged — the enamel was burned by some strong chemicals. At the time of moving in, it was white (and I didn't check it by touch), but then it quickly rusted. By the time I noticed the enamel was gone, a couple of months had already passed. It's impossible to prove that I didn't cut anything on the countertop, of course. Its condition is not visible in my photos and videos.
And now they don't want to return my deposit because in a year and a half I "trashed an apartment" that had been lived in for at least 15 years before me. We're playing an interesting game. The landlady sends me claims. And if I find in my archives that it was already like that, she turns a blind eye. But if not, then that's it — pay up.
The young man wonders how to proceed correctly in this situation. Did the landlady have the right to accept the apartment without the tenant? What defects are considered property damage, and what are considered natural wear and tear?
Lawyer's comment
Lawyer Tatsiana Ravinskaya answered all the injured tenant's questions.
— According to part 2 of clause 1 of Article 54 of the Housing Code, the parties themselves decide whether to sign an Acceptance and Transfer Act for the residential premises. However, a detailed Act with an inventory of property and an assessment of materials is the main insurance.
The Act recommends describing the premises, the property within it, and the approximate cost of materials, which will help, if necessary, to prove that the condition of the premises deteriorated during the tenant's stay and to calculate the amount of damage.
And it is better, of course, to describe all the property in the apartment for which the owner wants compensation for damage, as such compensation can be received if this property is indicated in the contract, an addendum to it, or another document signed by the owner and the tenant (Articles 14, paragraphs 1 and 2 of Article 364 of the Civil Code).
Important rule: if an Act was drawn up upon entry, then departure must also be jointly recorded by the parties. If an Act was not drawn up and nothing else is specified in the terms of the contract, then withholding the deposit seems unjustified.
The owner has the right to present their property claims in court, providing relevant evidence. In turn, the tenant can also go to court with a demand for the return of the deposit.
The concept of "normal wear and tear" is not contained in the legislation.
As a general rule, natural wear and tear refers to those changes in the condition of furniture and finishes that inevitably occur with their proper and careful use over time. Simply put, it's what "ages" on its own, even if the resident is very tidy.
Here's what is usually considered natural wear and tear:
- furniture: slight scuffs on sofa armrests, minor sagging of a mattress or chair filling, hinges in cabinets loosened over time (if used carefully);
- coverings: fading of sofa upholstery color due to sunlight, small scratches on a kitchen countertop from dishes;
- walls and floor: wallpaper fading under pictures, slight scuffs on linoleum or laminate in high-traffic areas.
What is not considered natural wear and tear (is considered damage):
- wine or coffee stains on upholstery;
- holes, burns (from cigarettes), or deep cuts in fabric;
- broken chair legs or cabinet doors ripped out;
- animal claw marks or children's drawings with a marker.