Fair Wear and Tear vs. Damage: What You’re Legally Required to Clean or Repair When Moving Out

Fair Wear and Tear vs. Damage: What You’re Legally Required to Clean or Repair When Moving Out

When you’re packing up to leave a rental, the top worry for many is losing a chunk of the bond. Most arguments between renters and landlords bubble up around fair wear and tear versus actual damage, and the outcome can easily mean the difference of hundreds or thousands of dollars. Clearer understanding of the line between the two can help keep the cash in your pocket and the stress off your shoulders right up to the last inspection.

The gap between acceptable aging and genuine damage is not up for debate—it’s spelled out in the tenancy laws of every Australian state and territory. If you know what you’re obligated to clean or repair, you can tackle the right tasks in advance and walk into your final inspection confident that the bond refund is secure.

What Counts as ‘Fair Wear and Tear’?

Fair wear and tear is the gradual decline a home experiences thanks to everyday living. It’s the scuff on the hallway wall from a suitcase, the slight fade on a windowsill, or the carpet flattening in front of the TV. Courts and tribunals across the country recognise that this sort of minor change is expected when people use a home as intended. Because the law shields it, you can’t be billed for repairs needed simply because that is what happens to a property over time.

Fair wear and tear, as NSW Fair Trading defines it, is the slow, expected loosening of floors, the faintly worn carpet paths where feet regularly carry, or the unavoidable mild chipping of paint that even gentle moves of furniture sometimes cause. What is important is that the wear is not the result of neglect, misuse, or a party of too many feet. Rather, it is the result of a tenant treating the property as one would a home, within the limits of typical care and common activity, so small that it neither lessens the property’s overall standard nor warrants any fresh charge.

Legal Meaning Across Australian States

Across all Australian states, fair wear and tear carry the same basic meaning, even if the phrasing differs:

• NSW: Deterioration from everyday use, even with proper care
• Western Australia: The Consumer Protection WA outlines fair wear and tear as the normal deterioration faced through ordinary use
• Queensland: The RTA Queensland describes it as wear and tear resulting from normal everyday use
• Tasmania: The Consumer, Building and Occupational Services restates it as reasonable wear from standard use

Real Examples of Fair Wear and Tear

Recognising fair wear and tear can clarify what tenants do not need to pay to repair:

Carpets and Flooring:

• Light fading from sunlight exposure
• Minor tracks forming in common walking routes
• Small dents from furniture legs
• Gradual flattening in living-room carpet

Walls and Paint:

• Natural fading that occurs with time
• Light scuff marks from moving furniture slightly
• Small nail holes left from hanging pictures, usually 2-3mm wide
• Tiny, normal settling cracks in plaster

Kitchen and Bathroom:

• Light scratches on benchtops from everyday food prep
• Minor spotting on taps and fixtures from normal use
• Gradual fading of grout colour over time
• Light scuffs on cupboard handles and door fronts

Windows and Doors:

• Small marks on sill edges from opening
• Minor bowing of timber doors from humidity shifts
• Usual looseness in handles and lock cylinders
• Fine scratches on glass from routine wiping

Garden and Outdoor Areas:

• Growth needing regular cutting back
• Thinner patches on the lawn from heavy foot traffic
• Expected fading and roughening on deck and walls
• Accumulated leaves and twigs needing clearance

What Constitutes ‘Damage’?

Damage is defined as decline that exceeds routine wear, or harm that stems from carelessness, improper use, or clear accidents. Unlike wear and tear, tenants must repair or reimburse the landlord for any harm they have directly caused to the premises.

The distinction hinges on whether the harm arose from normal living conditions or from acts beyond typical daily use. Damage usually reflects:

• Careless actions or unavoidable accidents
• Improper use of fixtures or appliances
• Neglect of routine cleaning expectations
• Intentional destruction or alterations

Common Instances of Tenant Damage

Carpets and Flooring:

• Large, untreated beverage stains
• Burn marks from cigarettes or heated objects
• Torn sections of carpet
• Pet urine stains that have soaked in
• Significant gouges or scratches in hardwood

Walls and Paint:

• Large openings from wall-mounted screens or brackets
• Crayon, ink marks, or intentional drawings
• Grease marks around stove areas
• Damage from peeling off adhesive hooks or strips
• Caked dirt requiring a full repaint

Kitchen and Bathroom:

• Cracked tiles or broken fixtures
• Mold growth from blocked ventilation
• Burned or deeply stained countertop surfaces
• Hinge-less cabinet doors or non-functioning drawers
• Drains blocked by inappropriate objects

Windows and Doors:

• Cracked or shattered glass panes
• Frame damage from forced entries
• Non-functioning locks or broken handles
• Torn or missing insect screens

Appliances:

• Charred oven interiors from spills left unattended
• Cracked refrigerator shelves or missing drawers
• Altered dishwasher racks that no longer hold dishes properly
• Heating or cooling units that fail to work, showing signs of neglect or skipped service

Repairs and Cleanings You Must Complete

When you get a handle on your legal obligations for vacate cleaning in Perth, you can plan your exit more smoothly and set a realistic budget for fixes or for hiring cleaning help.

Cleaning Obligations

You must:

• Leave the property at the same level of cleanliness it was in when you arrived, minus anything that counts as fair wear and tear.
• Take away all personal items and rubbish.
• Arrange a professional bond clean that meets the real estate’s standards.
• Clean all appliances to the condition you found them in.
• Remove mould or excessive dirt that has built up due to a lack of proper maintenance.

You do not have to:

• Pay for professional carpet cleaning unless your lease says so or you have left stains or damage.
• Repaint walls that have only a few scuff marks or tiny nail holes.
• Clean to a standard that goes beyond what a typical household would do.
• Use industrial techniques to clean areas affected only by fair wear and tear.

Repair Obligations

You must:

• Repair damage caused by your own actions or negligence.
• Replace any fixtures or fittings that you have broken.
• Fix holes in walls that are larger than those left by small picture hangers.
• Repair or replace any damage caused by pets.
• Put right any changes you made to the property.

You do not have to:

• Replace carpet that has simply worn in the normal way.
• Fix appliances that stop working because they are old or have been used normally.
• Repair structural issues that occur as the building settles normally.
• Replace furniture or fixtures when they’ve simply reached their normal replacement age.
• Repair problems that were present when you first moved in.

State-Specific Legal Framework

Western Australia: According to Consumer Protection WA, tenants must keep their rented home reasonably tidy and fix anything that a fair-use standard would classify as damage. The department publishes guidance on what is reasonably expected based on property type and lease length.

New South Wales: As stated by NSW Fair Trading, a tenant can never be billed for fair wear and tear. If a landlord claims otherwise, they must prove that the damage is worse than normal use. The agency provides photographs and scenarios to help you tell the difference between wear and damage.

Queensland: The RTA in Queensland explains that a tenant’s cleaning obligations must be “reasonable” and that you can return the property in the same state you found it, discounting fair wear and tear.

Tasmania: The Consumer, Building and Occupational Services agency explains that no bond deduction can be made for fair wear and tear and specifies expected life spans for various fixtures: for instance, carpets should last 7-10 years, and paint should last 3-5 years.

How to Prepare at End of Lease

Getting ready for your final inspection is key to maximizing your bond refund and wrapping up your lease correctly. Taking the time to clean and fix up the place shows the landlord you’ve cared for it, and it helps you avoid disputes later.

Document Everything

Before You Start:

• Review your initial condition report and understand your rights and entry photos
• Take comprehensive photos of the current property condition
• Note any pre-existing damage or wear that has worsened
• Keep receipts for any cleaning products or services

Professional Cleaning Strategy

Most real estate agencies expect professional-standard cleaning, which can be challenging to achieve without proper equipment and expertise. Consider these approaches:

DIY Cleaning Approach:

• Allow 2-3 full days for thorough cleaning
• Focus on high-inspection areas: kitchen, bathrooms, floors, windows
• Use comprehensive cleaning checklists as guides
• Remember that real estate agents often require professional cleaning receipts

Professional Cleaning Approach:

• Book services 1-2 weeks in advance
• Choose companies offering bond-back guarantees
• Ensure they understand local real estate standards
• Professional end-of-lease cleaning services often include guarantees and real estate approval

Repair vs. Maintenance vs. Cleaning Checklist

Immediate Repair (Your Responsibility):

• ✅ Fill large holes in walls
• ✅ Replace broken light fixtures you damaged
• ✅ Fix door handles or locks you broke
• ✅ Clean or repair pet-related damage
• ✅ Remove adhesive residue from decorations

Professional Cleaning (Often Required):

• ✅ Deep-clean inside the oven
• ✅ Bring bathroom tile and grout back to life
• ✅ Clean inside all kitchen cabinets
• ✅ Wash windows and tracks
• ✅ Deep-clean or polish the floors

Fair Wear and Tear (Not Your Cost):

• ❌ Paint over light marks on walls
• ❌ Replace carpet showing old footpath patterns
• ❌ Repair appliances that fail from normal use
• ❌ Swap old window coverings
• ❌ Garden cleanup that’s more than basic trimming

Communicate with Your Agent

• Contact your real estate agent to confirm their bond cleaning expectations and any forwarding deadlines
• Keep all correspondence, especially emails, to minimize disputes
• Schedule your final inspection at least 3 days before your final vacate date to allow time to address any minor faults
• Use the same cleaning receipts and condition photos as attachments to your bond refund request

Final Step

• Conduct a last-minute visual inspection the morning you vacate
• Turn off all utilities, lock up thoroughly, and leave keys in the designated drop-off location with a noted time
• Document the drop-off with a photo or scanned receipt

Final Inspection Success

Get Ready:

• Pick a sunny day for the inspection
• Try to be there if you can
• Show recorded pre-existing damage from move-in
• Ask for feedback on anything you’re worried about
• Ask for a list of every charge they plan to make

Understand Your Timeline:

• Most places return the bond within 7-14 days if all’s clear
• Landlords must prove any damage they claim
• You can contest any charges that seem unfair
• Save all documents for any tribunal if needed

Know Your Rights and Where to Find Help

If you think fair wear and tear is being charged to you, or you’re confused about your duties, support is there from government offices and tenant support groups.

State Housing Authorities

Western Australia:

• Consumer Protection WA: 1300 304 054
• Online complaint system
• Free mediation services for bond disputes

New South Wales:

• NSW Fair Trading: 13 32 20
• Fair Trading website resources
• NSW Civil and Administrative Tribunal (NCAT) for disputes

Queensland:

• Residential Tenancies Authority (RTA): 1300 366 311
• Online bond management system
• Queensland Civil and Administrative Tribunal (QCAT)

Tasmania:

• Consumer, Building and Occupational Services: 1300 654 499
• Tenancy information and forms
• Tasmanian Civil and Administrative Tribunal (TasCAT)

Free Tenant Advisory Services

Tenants’ Union Organizations:

• Provide free advice on tenancy law
• Help with bond dispute resolution
• Offer template letters and legal guidance
• Available in most major cities across Australia

Community Legal Centres:

• Free legal advice for tenancy issues
• Assistance with tribunal applications
• Help understanding your rights and obligations
• Located in most regional and metropolitan areas

Government Mediation Services:

• Free alternative to tribunal hearings
• Faster resolution than formal legal proceedings
• Available in all states for bond disputes
• Often resolves issues without ongoing legal action

When to Seek Professional Help

Consider professional assistance if:

• Your bond deductions are over $500 and you’re not okay with it
• The landlord says it’s damage, but you think it’s just the normal wear that happens
• You’re not clear on whether you were required to clean or fix anything when you moved out
• You’ve already talked about this a couple of times, but nothing changed
• There are some tricky rules and laws that you don’t understand

Keep in mind that most tenant advisory services don’t charge, and even a couple of hours of cleaning or a short session with a lawyer will probably cost less than giving up your bond over charges you think are wrong.

Essential Takeaways and Action Checklist

Knowing how to tell fair wear and tear from genuine damage protects your bond and keeps you onside with the law as a tenant. Follow this straightforward action checklist to stay ahead:

Fair Wear and Tear vs. Damage: At a Glance

Fair Wear and Tear (No Charge to You):

• Slow fading, light scuff marks, the odd small nail hole
• Typical carpet paths, mellow patches on the walls
• Small scratches from everyday handling
• Usual wear on appliances as they age

Damage (You Pay):

• Red stains, burns, big holes, grime build-up
• Shattered light fixtures, cracked tiles, ruined appliances
• Pet destruction, careless upkeep, changes to the layout

Your Move-Out Checklist

4 Weeks Out:

1. ✅ Check your original condition report and snap fresh photos
2. ✅ Scout for reliable end-of-lease cleaners or plot a DIY strategy
3. ✅ Spot any damage that needs fixing
4. ✅ Set aside money for cleaning and small repairs

2 Weeks Out:

1. ✅ If hiring cleaners, lock in the booking now
2. ✅ Start big cleaning jobs and any repairs
3. ✅ Keep receipts and paperwork in one folder
4. ✅ Arrange the final inspection with your property manager

Final Week:

1. ✅ Finish all cleaning and repairs
2. ✅ Take thorough, timestamped photos of every room and area
3. ✅ Have your paperwork organized and on hand for the inspection
4. ✅ Familiarize yourself with your rights and keep support contacts handy

Keep Unfair Deductions from Spoiling Your Move

Moving out can feel overwhelming, but it’s manageable when you know who’s responsible for what. Zero in on the tasks you’re truly obligated to handle, and stand your ground against unjust wear-and-tear claims, so you walk into the end-of-lease inspection with confidence.

Bond-back guaranteed professional end-of-lease cleaning crews bring you peace of mind by meeting real estate standards, clearly distinguishing between reasonable cleaning and impossible demands, and guarding your bond so you can focus on the next chapter of your life without the cloud of extra charges.