Tenant: "Landlady won't return 1120 deposit — claims I 'destroyed' the apartment. But this is natural wear and tear!"

But a user on the Onliner forum faced the opposite situation. The landlady found many pretexts to keep the "extra" 1120 rubles. 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 of property preservation — a monetary deposit. Now she doesn't want to return it:

— On Monday, the landlady and I signed an agreement to terminate the contract, and that day I was ready to personally hand over the apartment to her. But she claimed she didn't have time and postponed the meeting until the next day.

The apartment was rented out far from being newly renovated; the renovation was done 15+ years ago. Before me, the owners themselves lived there, and then several tenants. When I moved 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 like scratches on the countertop or stains on the kitchen set.

Павялічыць

She only entered the apartment on Saturday without me. I asked if she had inspected the apartment, and she presented me with various defects via messenger.

The main claims: the kitchen set is ruined "beyond repair," 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. When I moved in, it was white (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. Of course, I won't be able to prove that I didn't cut anything on the countertop. 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 "destroyed 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 — pay up.

The young man wonders how to proceed in this situation. Did the landlady have the right to accept the apartment without the tenant? Which defects are considered property damage, and which are natural wear and tear?

Lawyer's comment

Lawyer Tatiana Ravinskaya answered all the injured tenant's questions.

— According to part 2, point 1, article 54 of the Housing Code, the parties themselves decide whether to sign the Act of Acceptance and Transfer of the residential premises. However, a detailed Act with an inventory of property and an assessment of materials is the main insurance.

It is recommended to describe the premises, the property in it, and the approximate cost of materials in the Act, 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, p. 1 and 2, article 364 of the Civil Code).

Important rule: if an Act was drawn up upon entry, then departure must also be jointly documented by the parties. If an Act was not drawn up and nothing else is specified in the contract terms, then withholding the deposit appears to be unjustified.

The owner has the right to present their claims regarding the property in court, providing relevant evidence. In turn, the tenant can also go to court with a claim 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 changes in the condition of furniture and finishes that inevitably occur with their correct and careful use over time. Simply put, it's what "ages" on its own, even if the resident is very clean.

Here's what is usually attributed to natural wear and tear:

• furniture: light scuffs on sofa armrests, slight sagging of a mattress or chair filler, hinges in cupboards that have loosened over time (if used carefully);
• coverings: fading of sofa upholstery color due to sunlight, minor scratches on the kitchen countertop from dishes;
• walls and floor: wallpaper fading under pictures, slight scuffs on linoleum or laminate in high-traffic areas.

What is not natural wear and tear (considered damage):

• wine or coffee stains on upholstery;
• holes, burns (from cigarettes) or deep cuts in fabric;
• broken chair legs or cupboard doors torn out at the root;
• animal claw marks or children's marker drawings.

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