Rental... Wear and tear

[Chuckles78]

I've rented a 9+ year house.

What is the legal requirement for wear and tear for items around house (light bulbs, bathroom fixtures etc).

Is the Owner liable or me the tenant.

In the contract it states damage caused my negligence i am liable which is logical and acceptable to me.

However My real estate agent informed us we will be responsible for wear and tear during the rental term and there are a lot of problems around the house.

[KittenKong]

Your contract should specify that the tenant is responsible for repairs below a certain sum per month and the owner for repairs above that sum.

To me 1000B seems a reasonable place to draw the line and that would mean, for example, that you buy new lightbulbs and toilet seats but the owner buys new aircons and water heaters.

As for the tenant being responsible for wear and tear; that's what you pay the rent for. Some owners and agents live in a complete dream-world.

Edited November 14, 2014 by KittenKong

[VBF]

Your contract should specify that the tenant is responsible for repairs below a certain sum per month and the owner for repairs above that sum.

To me 1000B seems a reasonable place to draw the line and that would mean, for example, that you buy new lightbulbs and toilet seats but the owner buys new aircons and water heaters.

As for the tenant being responsible for wear and tear; that's what you pay the rent for. Some owners and agents live in a complete dream-world.

I agree with that but would respectfully add the word "fair" to wear and tear! As an example, a sofa that the carpets and cushions have lost their "bounce" due to wear and tear is fair - rips or burns in them caused by negligence is not (IMO)

I've been both a landlord and a tenant over the years - as a tenant, i tend to treat other people's possessions in the same way I treat my own wherever possible.

Edited November 14, 2014 by VBF

[trogers]

Tenants should be responsible for replacing consumables, eg. light bulbs and water filter elements. Tenants should also be responsible for maintaining items needing regular maintainence like cleaning removal air-condition filters, cleaning the stove and hobs, microwave, oven, fridge, etc.

Normal wear and tear should be borne by the owner when the lease is for a fully furnished property. The reasonable test would be the age of the fixture or equipment.

[john1000]

trogers, on 14 Nov 2014 - 18:02, said:

Tenants should be responsible for replacing consumables, eg. light bulbs and water filter elements. Tenants should also be responsible for maintaining items needing regular maintainence like cleaning removal air-condition filters, cleaning the stove and hobs, microwave, oven, fridge, etc.

Normal wear and tear should be borne by the owner when the lease is for a fully furnished property. The reasonable test would be the age of the fixture or equipment.

Yes that's common sense.

Aware some landlords in Udon, specify maintenance in the contract where the tenant has to bear responsibility for major issues including the roof??

[trogers]

trogers, on 14 Nov 2014 - 18:02, said:

Tenants should be responsible for replacing consumables, eg. light bulbs and water filter elements. Tenants should also be responsible for maintaining items needing regular maintainence like cleaning removal air-condition filters, cleaning the stove and hobs, microwave, oven, fridge, etc.

Normal wear and tear should be borne by the owner when the lease is for a fully furnished property. The reasonable test would be the age of the fixture or equipment.

Yes that's common sense.

Aware some landlords in Udon, specify maintenance in the contract where the tenant has to bear responsibility for major issues including the roof??

Sounds like the landlord is Farmer Somchai. This is where a prospect tenant needs to understand the terms of Somchai's lease agreement before signing it.

I would not sign it and would suggest to Somchai to wrapped his house with plastic wrap to keep it in pristine condition forever and ever.

[KittenKong]

I agree with that but would respectfully add the word "fair" to wear and tear! As an example, a sofa that the carpets and cushions have lost their "bounce" due to wear and tear is fair - rips or burns in them caused by negligence is not (IMO)

Indeed. The latter is damage, not wear and tear, and I was not including it in my comment.

[mike324]

Reputable agents won't ask their clients to be responsible for wear and tear, find another agent. The whole purpose of allowing wear and tear is to give tenants a break when they move out, and most agents and house owners understands it. Stuff like small scratches, paint chips, etc is understandable.

I suggest avoid that house/apartment and the agent all together! or else you can say bye bye to your deposit.

[mgjackson69]

Are you really going to pester your landlord for a light bulb?

[Chuckles78]

Of course not, but I am curious what the law is if the rental contract does not go into specifics.

If the pool pump goes, oven or wasching machine breaks down I think it ought to be covered by the owner.

[mgjackson69]

I agree, something that is part of the physical plant should be on the landlord...appliances, pool pumps, and the like are not consumables.

[KittenKong]

Of course not, but I am curious what the law is if the rental contract does not go into specifics.

If the pool pump goes, oven or wasching machine breaks down I think it ought to be covered by the owner.

The rental contract should go into specifics as that is what it is for. Without specifics it is pointless.

As I mentioned, your contract should stipulate an exact maximum monthly sum for repairs that are the tenant's responsibility. As also mentioned, 1000B seems about right to me though of course this is negotiable.

The contract should also stipulate in what condition the place should be at the end of the tenancy, and who pays for cleaning/painting etc at that time.

[Chuckles78]

One of the neighbour has just that in his contract.... but mine does not.

[ldnguy]

Of course not, but I am curious what the law is if the rental contract does not go into specifics.

If the pool pump goes, oven or wasching machine breaks down I think it ought to be covered by the owner.

The rental contract should go into specifics as that is what it is for. Without specifics it is pointless.

As I mentioned, your contract should stipulate an exact maximum monthly sum for repairs that are the tenant's responsibility. As also mentioned, 1000B seems about right to me though of course this is negotiable.

The contract should also stipulate in what condition the place should be at the end of the tenancy, and who pays for cleaning/painting etc at that time.

There is no should or shouldn't about it. The contract is between two parties and they need to agree terms that suit themselves. It's not up to others to decide what they should include in that contract. Many people don't want overly long contracts that go into every little detail. I certainly don't. Life is too short to waste time on documenting who pays for the bathroom lightbulb.

[NCC1701A]

you are not in Kansas anymore...

make sure you photograph every square inch of the property.

scumbag home owner came after me...

but i had photos to prove other wise. they will scam you for 50 baht if they can.

of course i can't blame them, the house was brand new and falling apart... they must be freaking out trying to offset their losses...

[Anthony5]

Of course not, but I am curious what the law is if the rental contract does not go into specifics.

If the pool pump goes, oven or wasching machine breaks down I think it ought to be covered by the owner.

I don't know the rental laws in Thailand, if there are any, but in the western world the owner will be responsible for any of the items that break down due to age.

The tenant however is responsible for the proper maintenance and inspections of all those, as is he if they break down due to misuse or bad maintenance.

[Sophiaw32]

If the shared goal of owners and property managers is securing long-term tenants who pay their rent on time, every time, and take great care of their homes, how can we not accept normal wear and tear as part of life? Have a frank conversation with rental owners and remind them that their property is a home, and it will be lived in, perhaps by a family like their own, and as a result, there will be wear and tear.