Ordinary use and restoration, and how they differ
Restoration to the original condition is not the same as returning the room to brand new. The Ministry’s guidelines describe it as returning what the tenant received, except wear from ordinary use and change over time. That is a general reference. A special term, or the actual cause of a mark, can change a particular case.
Read in this order: the definition, the special term, then the mark in front of you.
What the guidelines use as examples
An appendix in the guidelines lists examples of who bears the cost. Dents in the floor from furniture, fading from sunlight, darkening behind an appliance, thumbtack holes that do not damage the base, equipment failure at the end of its life, and key replacement without damage or loss are included as examples of the landlord’s share.
Stains from a drink left in place, mold that spread because condensation was left, marks from the moving work, screw holes that need the base replaced, damage from smoking or a pet, and lost or broken keys are included as examples of the tenant’s share.
The list is examples. A mark that resembles a sentence is not a decision. The entry point is the guidelines on restoration to original condition.
If there is a special term, read the lease before the examples
The guidelines also explain that a special term can set a different share. If there is one, read what it covers before the example table. How to find it is in What to look for in a lease special term. A written special term and a term that always comes first are not the same. This article does not judge whether it is valid.
Separate the mark from the explanation of its cause
Use two columns:
- What is visible. Place, size, photo
- The explanation of the cause. Your memory, their account, and what is still unknown
Do not fill an unknown with either side’s share. For an item where elapsed time matters, such as wallpaper, the fields are split in What to check on a wallpaper replacement charge.
Ask for the material, not for a verdict first
Writing “this is ordinary wear, so I will not pay” states a conclusion first. Asking “which example in the guidelines, and which clause, are you using for this mark?” leaves their basis on paper. Decide whether you agree after that answer.