Normal Wear and Tear

What is Normal Wear and Tear to a rental?

What is considered normal wear and tear to a rental property in Arizona? During a rental period, a certain amount of wear and tear is to be expected and it is reasonable that the paint on the interior walls will become dingy and that traffic wear will be shown on carpet. However, broken windows, missing window screens, holes in the walls and stained carpet are NOT considered normal wear and tear to an Arizona rental property.

A tenant shall exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted.

A.R.S. 33-321

If the landlord fails to comply with subsection D of this section, the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

A.R.S. 33-1321(E)

Normal Wear & Tear and the Security Deposit

The Arizona Residential Landlord and Tenant Act states that normal wear and tear cannot be deducted from a tenant’s refundable security deposit. Additionally, Arizona courts hold that landlords cannot deduct the cost to paint interior walls and clean carpets.

Rental property trashed
NOT normal wear and tear to a rental property

Holes in walls, large stains on the carpet, and broken appliances are considered to be in excess of normal wear and therefore a landlord can deduct the cost to repair these items from the tenant’s refundable security deposit.

If you are an Arizona landlord and need help evicting an Arizona tenant then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.

Home 9 Landlord - Tenant Law 9 Normal Wear and Tear

Contact Us:

7 + 5 =

Search Our Site:

Blog Categories:

Most Popular Posts:

Contact Us:

14 + 7 =

You May Also Like…

Type 2 Non-Irrigation Water Rights

What are Type 2 Non-Irrigation Water Rights? In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated...

read more

Rule 26.1 Disclosure Statement

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as "Rule 26.1 Statements" or...

read more

Certificate of Convenience and Necessity

Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes,...

read more

Certificate of Assured Water Supply

Arizona's Certificate of Assured Water Supply (CAWS) is a crucial component of the state's water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water...

read more

Eviction After Foreclosure of Home

In Arizona, as a homeowner whose house has been foreclosed you have a finite amount of time to vacate. If you do not vacate during that time then you can be evicted by the new homeowner. Non-judicial Foreclosure: Non-judicial foreclosures in Arizona are much faster...

read more

Evictions and Claims of Ownership

Claims of Ownership in Justice Court Evictions Eviction lawsuits are designed to address the issue of possession and not ownership. Eviction lawsuits are to provide a summary, speedy and adequate remedy for obtaining possession of premises withheld by tenants, and for...

read more

Rule 16 of Civ. Pro- Meet and Confer

Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It is to help streamline proceedings and to "discourage wasteful, expensive, and duplicative pretrial activities." What is Rule 16 of Civil Procedure? Rule 16 of...

read more