Can I be charged for maintenance even though I'm renting?

As a tenant, you are responsible to take good care of the property and not use it for other purposes than for which it was let. There is also a responsibility on the landlord to maintain the property in a state that is fit for its purpose.

This becomes a somewhat grey area, which is termed “reasonable use”.

Photo by Gilles Desjardins on Unsplash

Fair wear and tear

Fair wear and tear describes the damage to an item which occurs as a result of ordinary use and exposure to natural elements over time. Natural elements include sunlight and in some cases rain.

“A general rule of thumb is that if a tenant has damaged something that does not normally wear out, or the tenant has substantially shortened the life of something that does wear out, the tenant may be charged the pro-rated cost of the item. The landlord should take into account how old the item was and how long it may have lasted otherwise, as well as the cost of replacement.”

- Marlon Shevelew, one of SA’s top Rental Property Lawyers

The landlord should not be unfairly enriched nor unfairly improve the condition of the property beyond what it was at the time that the tenant took occupation.

Landlord responsibility

The Landlord is responsible to provide undisturbed use of the property. This includes maintenance of the exterior of the property such as walls and roofing, as well as applicable systems for electrics and sanitation. The Landlord is responsible to repair or replace items caused by fair wear and tear.

The Rental Housing Act stipulates that these repairs must be attended to within 14 days (or other time frame as agreed to with the tenant). Repairs may be requested as a result of initial or regular inspection, or via an ordinary repair request from the tenant.

Tenant responsibility

The Rental Housing Act also places some responsibility on the tenant with respect to maintenance. These stipulations include keeping the property clean on the inside, and tidy on the outside. No damage may be inflicted on the property, whether intentional or negligent. All systems such as electrical and plumbing/sanitation must be used in a reasonable manner.

Other stipulations for the interior of the property include the responsibility to replace or repair items that are not damaged as a result of natural causes or reasonable use. The responsibility extends to any allocated outdoor areas including balconies, patios and sections of garden. The Tenant is responsible to repair or replace items caused by wear and tear that is not fair.

Common Examples of Fair Wear and Tear

Faded paint or wallpaper due to sunlight

Carpet wear caused by normal use

Furniture marks in carpet

Warped doors caused by age, temperature or moisture

Warped windows or window frames caused by the flow of the glass, or moisture

Dents in walls from door handles

Dirty grouting from reasonable use

Tarnish on bathroom fixtures from reasonable use

Loose handles or doors on kitchen or bathroom cabinets

Sliding door wheels replacement

Common Examples of what is NOT Fair Wear and Tear

Holes in the walls or broken, chipped plaster

Blown light bulbs

Leaking taps/toilets

Broken tiles or fixtures in bathrooms or kitchen, including toilet seats and toilet roll holders

Clogged Drains and Toilets due to misuse – flushing sanitary products, nappies and so on

Oil marks on paving/concrete in parking areas

Stains caused by potplants or water features

Tears, holes or burn marks on carpets, curtains, counters or wooden floors

Animal stains in the carpet caused by domestic animals or leaking fish tanks

Broken windows and window frames

Broken doors and locks

Excessive dirt in oven or on stove

Rework of skirtings caused by water damage, mopping or sweeping

Flea and pest extermination

Excessive mildew and mould in bathroom

Excessively dirty bath, shower, sink, mirrors or toilet

Cracked kitchen or bathroom countertops.

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