Information

What is normal wear and tear?

The law does not regulate what exactly constitutes normal wear and tear. The line between normal wear and tear and negligence is a question of interpretation. However, case law and previous interpretations of the law point to the following:

As a tenant, you have a so-called duty of care. This means that you must take care of your home. But apartments are still torn, no matter how careful you are! You should not have to pay for this everyday wear and tear.

Examples of a common damage are screw and nail holes in the wall, e.g. from shelves, TVs or paintings. To a certain extent, this should be seen as normal wear and tear, as this is something the landlord can count on. If, on the other hand, the holes are large and there are unusually many, it can be assessed as negligence. Then, you are liable for compensation (unless you repair the holes yourself). Grease stains on the walls are also common. They may be caused by beds or sofas. This should be classified as normal wear and tear as the stains have been caused by normal use of the apartment. This is also a matter of interpretation, as many and large grease stains can be considered a consequence of negligence. The same goes for scrapings on the floor. You should not pay for smaller scratch marks. In general, it can be said that "everyday surface wear" is something you should not have to pay for.

What constitutes an approved moving-out clean?

What constitutes an approved moving out clean is not regulated by law and there is no proven case law for what applies as a standard for adequate cleaning. In general, a moving out cleaning consists of dusting all surfaces (floors, walls, shelves in fixed storage furniture, moldings and window frames), cleaning windows on the outside, inside, and inside the frames (if possible). You must clean the outside, inside, and back of appliances (if they are possible to move).

It is important to find out what your landlord defines as an approved moving out clean so that you know what condition you can expect your home from when you move in and in what condition you should leave it when you move out.

Tips for when you move in

It is good to keep track of what wear and tear is in the apartment when you move in. Request documentation of the state of the apartment from the property owner before moving in your belongings. Go through the apartment. Then, if you find wear or damage that is not noted, document it (it is enough to take photos) and send this to the property owner (e.g. via email). Save the emails - they are good to have for when you move out.

Checklist when moving in

• Request documentation of damages and wear and tear in the apartment.
• Check that the documentation is correct. Do this before you move your things in. If you find more damage, take a photo, write it down and email it to the landlord.
• Request new documentation that lists these damages.
• Save all documentation (i.e. documentation of damages, photos, emails, and other communication between you and the property owner).

Tips for moving out

Document the condition of the apartment when you leave it. Taking photos or a video is enough. That way, you have a greater chance of refuting a claim from the landlord that you have caused damage or that the apartment is not properly cleaned. Take a photo after you have cleaned so you can prove that you have left the apartment in good condition. It is best if your landlord agrees to do a final inspection of both cleaning and wear and tear after you have moved your things out. You should always be present when the inspection is done!

• Check if there is a checklist for the moving out cleaning of the apartment.
• Your apartment must be inspected before you move. It is the property owner who does the inspection.
• You must find out in good time when the inspection takes place.
• It is good if you attend when the landlord does this.
• After the inspection, you should receive a copy of the minutes.