Knowing the difference between damage and normal wear and tear helps tenants protect their security deposit and avoid disputes with landlords. In Newfoundland and Labrador, common questions include whether stains, small holes from picture hooks, or aged carpet count as damage, and who must pay for repairs. This guide explains how landlords and tenants typically treat everyday aging versus avoidable harm, what to document at move-in and move-out, and how to respond if a deduction is proposed. It also points to the official provincial tribunal, relevant forms, and practical steps to challenge unfair charges. Read on for clear examples, inspection tips, and a simple checklist tailored to renters in Newfoundland and Labrador.
What counts as "wear and tear" versus "damage"?
Generally, wear and tear is gradual deterioration from normal use. Damage is caused by careless, negligent, or intentional acts that go beyond ordinary use. Examples can help clarify the difference.
- Small scuffs on baseboards or faded paint after years of occupancy (wear and tear).
- Carpet fibres thinning evenly due to age (wear and tear).
- Large stains from neglected spills that required professional cleaning (damage if caused by tenant negligence).
- Holes larger than a few centimetres from forceful actions, or broken doors and windows (damage).
- Missing or damaged smoke alarms or fixtures intentionally removed (damage and a safety concern).
How landlords commonly decide deductions
Landlords normally compare the unit's condition at move-out to the documented condition at move-in. If items have simply aged, landlords should not deduct for replacement that restores normal lifespan. If the tenant caused extra wear, deductions may be reasonable. Keep receipts and records of any repairs you paid for yourself.
Common examples and how to handle them
- Picture hook holes: patching and paint touch-ups for small holes are usually wear and tear; large holes may be charged as damage.
- Stains: accidental, promptly cleaned stains are less likely to be charged than long-term neglect that requires replacement.
- Replacing an entire appliance due to normal age is typically the landlord's cost; replacing due to tenant misuse may be deducted.
Security deposits and what to expect
In Newfoundland and Labrador, landlords may use a security deposit to cover unpaid rent or damage beyond normal wear. Before you move, compare notes with the landlord and sign a move-in inspection report when possible. If a deduction is proposed, ask for an itemized list and receipts.
For more on deposit rules and how to protect your money, see Understanding Rental Deposits: What Tenants Need to Know.
Inspections: preparing for move-out
Do a self-inspection a week before leaving so you can fix minor issues. Take dated photos and keep cleaning receipts. If you and the landlord do a final inspection together, ask for written notes. If no joint inspection is possible, email your photos and a brief note to the landlord documenting condition.
Tips on preparing for inspections are available in The Final Inspection: What Tenants Need to Know Before Moving Out.
Official tribunal, legislation and forms
The provincial body that handles tenancy disputes is the Residential Tenancies Board (Service NL)[1]. The applicable legislation is the Residential Tenancies Act for Newfoundland and Labrador[2]. If you need to start a dispute, there are official forms for applying and for giving notices; these are available from the government forms page[3].
FAQ
- What is considered normal wear and tear?
- Normal wear and tear is deterioration from normal use, such as faded paint, minor scuffs, or evenly worn carpet over time.
- Can a landlord deduct for painting between tenancies?
- A landlord normally cannot deduct for routine repainting due to normal aging, but may charge for repairs to cover tenant-caused damage beyond normal use.
- What if I disagree with a deposit deduction?
- Ask the landlord for an itemized list and receipts; if unresolved, you can apply to the Residential Tenancies Board using the official application form and include your dated photos and receipts as evidence.
How-To
- Take dated photos and videos of every room, outlets, fixtures, and any existing damage or stains.
- Keep receipts for cleaning, repairs, and any professional services you pay for during tenancy.
- Report maintenance issues to your landlord in writing as soon as they occur and keep a copy of the message.
- If a deduction is proposed, request an itemized bill and receipts; if unsatisfied, complete the official application to the Residential Tenancies Board.
- Attend any tribunal hearing with your documentation and be prepared to explain dates, actions taken, and costs incurred.
Help and Support / Resources
- Residential Tenancies Board (Service NL)
- Residential Tenancies Act (Newfoundland and Labrador)
- Official tenancy forms and guides (Service NL)
