After three years, there's a faint path worn into the carpet between the couch and the kitchen. There's also a red wine stain by the coffee table. One of these is the landlord's problem, and one is the tenant's. Most bond disputes come down to telling them apart, and to being able to prove when each one appeared.
What the rules actually say
Across Australia, the principle is the same. At the end of a tenancy, a tenant must leave the property in about the same condition it was in when they moved in, apart from fair wear and tear.
- Fair wear and tear is the deterioration that happens through normal, reasonable use and the passing of time. Queensland's Residential Tenancies Authority also includes deterioration from exposure to the environment, such as sun or weather.
- Damage is harm caused by carelessness, negligence, accidents or deliberate acts. That includes damage by guests, and damage by pets, even approved ones.
- Dirt isn't wear and tear. Grime, grease and rubbish left behind are a cleaning issue, and a tenant can be asked to fix them.
The tenant isn't responsible for fair wear and tear. The landlord can't take it out of the bond.
Side-by-side examples
These come from NSW Government and Queensland RTA guidance.
| Item | Fair wear and tear | Damage |
|---|---|---|
| Carpet | Traffic paths, flattened pile, dents from furniture | Stains, burns, tears, pet stains |
| Timber floors | Light scuffs and dulled finish | Deep scratches or gouges |
| Walls and paint | Faded paint, worn paint around a light switch, small cracks as the building settles | Holes from nails or screws, marks from tape or Blu Tack, unapproved repainting |
| Curtains and blinds | Sun fading, frayed cords | Torn, missing or broken curtains |
| Kitchen benchtop | General wear on the surface | Burns or knife cuts |
| Doors and windows | Loose handles or hinges, worn sliding tracks, a pane cracked by an old warped frame | Broken glass, a pane cracked by slamming |
| Water stains | From a leaking roof or faulty plumbing | From an overflowing bath or pot plants |
| Garden | Mulch breaking down over time | Mulch dug up by the tenant's dog |
Three questions that settle most cases
1. Would it have happened anyway, with normal, careful use?
Carpet wears where people walk. Paint fades where the sun hits. That's wear and tear. A burn mark doesn't appear from normal living, so it's damage.
2. Is it in proportion to the time and the item's age?
A five-year tenancy wears a home more than a six-month one, and a fifteen-year-old carpet is near the end of its life anyway. When working out what a tenant owes for genuine damage, tribunals generally take the age and condition of the item into account. A tenant usually isn't charged the full price of brand-new carpet to replace one that was already old.
3. Was it there before the tenant moved in?
This is the question that decides most disputes, and the one people are least prepared for. If a mark was already there at the start of the tenancy, it isn't the tenant's damage, whatever it looks like. The only way to answer it is a clear, dated record of how the property looked on day one.
The grey areas
- Picture hooks and wall fixings. Rules on what tenants can attach to walls differ between states, and depend on what the lease and landlord allow. Agree on it in writing before anything is drilled or stuck, and note it in the inspection record.
- Pets. Even with permission, damage caused by a pet, such as scratched doors or stained carpet, is damage, not wear and tear.
- Cleaning. A property left dirty isn't wear and tear, but “clean” means reasonably clean, the way it was handed over. It doesn't mean better than at the start.
- Domestic violence. In NSW, a tenant who is a victim of domestic violence isn't responsible for damage caused by that violence, and it can't be taken from their bond.
Evidence beats memory
Most arguments about wear and tear aren't really about definitions. They're about what the place looked like two or three years ago, and nobody remembers that clearly. What settles it is evidence:
- an entry condition report, completed room by room, with clear photos, signed by both sides;
- tenant comments and photos on anything they disagree with at the start;
- an exit inspection that follows the same rooms, in the same order, so before and after can be compared directly.
Roost Inspect records entry and exit inspections room by room with time-stamped photos. Both sides can add comments and photos, and the signed report locks so it can't be edited afterwards. At the end of a tenancy, its entry vs exit comparison shows exactly what changed in each room. It records what changed, not who is responsible. That's for the two of you to agree, or for a tribunal to decide.
If you can't agree
Talk first: most disagreements are settled once both sides look at the same before-and-after photos. If you still can't agree, the bond authority and the tenancy tribunal in your state handle disputes. Our tenant guide and landlord guide list the tribunal for each state, and our exit inspection checklist covers how to avoid the dispute in the first place.
This article is general information, not legal advice. Rules differ between states and territories, so check your state's official guidance for your situation.
Sources