These issues can lead to disputes between tenants and landlords. A tenant might believe that a surety is his property and should be returned to him at the end of the lease. She paid her rent on time and did not break the terms of the lease, so she expects the deposit to be fully repaid. While Florida courts have given guidelines for defining the commonly used “ordinary wear,” they are generally used on the exact words in the rent. The lesson is, as always, the design of leasing with precision. In the negotiation phase, landlords can protect themselves if the tenant`s proposed use causes significant wear and tear after the end of the rental period, by being responsible for unusual wear and tear on the premises. Similarly, a tenant wishes to know in advance what their obligations will be with respect to any repairs and restoration necessary at the end of the life. It is therefore extremely important for landlords and tenants to ensure that the wear and tear clauses contained in their lease agreements are specifically adapted to the use of the premises. In the context of a rental unit, fair wear means damage to carpets, decorations, faucets, faucets and furniture (“3F”) that would be too willing in the event of a rental contract: normal wear is the expected decrease in the condition of a property by normal daily use. This is the deterioration that occurs during life in a property. It is not due to abuse or neglect. Fair wear and tear associated with renting In the end, there is unfortunately no firm test for what can be the subject of an exception to “fair wear” in rental contracts – it depends on the court`s interpretation of the facts and circumstances of each case. There are, however, a few indicators, in accordance with the case law described above.

In one case, a tenant attempted to use a “normal wear and tear clause” to transfer responsibility for certain repairs to the landlord. In its decision for the landlord, the court rejected the tenant`s attempt to invoke abandonment and held that “[d] it exempts the tenant from any obligation to the landlord to hold the lease in a similar “new” condition.” Walk-through inspections are one way to avoid security conflicts.