A Property24 reader says her landlord charged her around R1700 for painting the rooms (after she vacating her rented apartment), claiming she didn't leave the place as she found it. But she claims that she left it clean with only a few scuff marks.
"I was shown a dirty drain plug, and I don't know how I was supposed to clean it. They obviously had the right tools to remove and clean it. The walls had water bubbles, which the landlord knew about. They admitted they didn't know where the damp came from.
"Now they're billing me for painting, even though it wasn't in the contract," she says.
Kim Bam, Managing Director at Bam Attorneys responds:
As your rental agreement comes to an end and you prepare to hand the property back to the landlord, it's generally expected that the place will closely resemble how it was when you first moved in, accounting for normal "fair wear and tear."
"Fair wear and tear" refers to the unavoidable ageing of the property due to everyday use and exposure to the elements throughout your time there, as defined by the historical case of Radloff v Kaplan dating as far back as 1914. This natural deterioration is part of living in a space and includes minor scuffs or the gentle fading of materials.
However, "damage" implies changes or harm beyond what's considered normal. This could be anything from stains that can't be cleaned to unauthorised modifications like adding nails or hooks to walls or painting without permission. When such damage occurs, you're typically required to either fix these issues yourself or cover the costs, which may be taken from your security deposit.
Conducting Inspections
To ensure clarity on what constitutes wear and tear versus damage, thorough inspections at the start and end of your lease are key. These checks aim to document the property's condition before you move in and after you leave, establishing a clear basis for any claims of damage:
- An initial inspection with all parties present helps to record any existing issues, supported by a detailed report and photos. This is crucial for comparing the property's condition at the end of your lease.
- Similarly, a final walk-through allows for a straightforward assessment of the property's departing state, aiding in resolving any disputes over potential damages.
Incorporating these practices into your leasing process, along with a well-defined lease agreement, is essential for a harmonious tenant-landlord relationship, minimising conflicts over damages.
Regarding your specific situation with the landlord charging you for painting due to minor scuffs and a dirty drain plug, it's important to differentiate between your responsibilities and what falls under fair wear and tear. The presence of water bubbles on the wall, a pre-existing condition acknowledged by the landlord, should not be your financial burden, especially if it was not part of your contractual obligations to address such issues.
If the contract doesn't explicitly hold you accountable for these kinds of damages or the painting of walls, especially concerning pre-existing conditions like dampness, you might have grounds to dispute these charges. Since minor scuffs and the condition of the drain plug could arguably fall under normal wear and tear, and considering the landlord was previously aware of the damp issue without attributing it to your actions, it seems unreasonable for these costs to be passed onto you.
You should gather any evidence of the property's condition and communication with the landlord regarding the damp issue. Approach your landlord with this information, referencing the lease agreement and highlighting the difference between fair wear and tear and damages that you're being charged for.
If an agreement cannot be reached, seeking legal advice or assistance from the rental tribunal might be your next step to ensure your rights are protected and to effectively contest any unwarranted charges.
* Disclaimer: The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.
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