"Normal wear and tear" can (and usually does) mean different things to different people. One judge may think it means one thing, but another judge will likely think it means something different. That leaves too much uncertainty. This is precisely the reason that a residential landlord should define "normal wear and tear" in the rental agreement. If you define it in the rental agreement, then you should not need to spend time in court (or before trial) arguing about what it means. The definition I use when I draft a residential rental agreement is:
Normal wear and tear is the natural and gradual deterioration that occurs when the rental property is used as a residence. Normal wear and tear does not include excessive and/or abusive use, misuse, negligence, carelessness, accident, criminal damage, vandalism, or theft, whether caused by Tenant, Occupants, guests, invitees, third-parties and/or trespassers. Normal wear and tear does not include holes (pinholes, nail holes, or otherwise), gouges, scratches, stains, burns, and/or damage of any kind in the ceiling, walls, doors, floor coverings, and/or appliances.
Feel free to use the foregoing language in your rental agreement.
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