Not Legal Advice
The information on this page is general in nature and is not legal advice. Tenancy laws vary by state and individual circumstances differ. For advice specific to your situation, contact your state tenancy authority or a community legal centre.
One of the most common disputes between tenants and landlords at the end of a tenancy is whether something counts as fair wear and tear or as damage. Knowing the difference matters because landlords cannot charge tenants for fair wear and tear — but they can claim for damage. The distinction is not always obvious, and it often depends on factors like how long you lived in the property.
Fair wear and tear refers to the gradual, reasonable deterioration of a property and its fixtures that occurs through normal, everyday use over time. It is what happens to any property simply because people live in it — not because of carelessness, accidents, or misuse.
The longer a tenancy, the more wear and tear is expected. A landlord cannot hold a 5-year tenant to the same standard as someone who rented for 6 months.
The following are generally considered fair wear and tear in Australia:
• Small nail holes from hanging pictures • Minor scuffs and marks on walls at shoulder or furniture height • Carpet that has worn thin in well-trafficked hallways and living areas • Paint that has faded or yellowed over several years • Worn patches on kitchen or bathroom surfaces from regular cleaning • Loose door handles or hinges from frequent use • Faded or slightly worn curtains or blinds after years of sun exposure
None of these should result in a bond deduction.
The following are generally considered damage, not fair wear and tear:
• Large holes in walls from mounted TV brackets left in place or pulled out roughly • Carpet stains from spilled food, drink, or pet accidents • Broken tiles, cracked glass, or smashed fixtures • Burns on carpet, benchtops, or curtains • Significant gouges or scratches on hardwood floors • Mould caused by inadequate ventilation (where tenant was responsible for airing the property) • Pet damage to doors, skirting boards, or carpet
If any of these were already present when you moved in and are documented in your ingoing condition report, you cannot be held responsible for them.
Tribunals and adjudicators consistently factor in tenancy length when assessing bond claims. If you rented a property for 4 years, the carpet is expected to show more wear than if you rented for 12 months. A landlord who replaces carpet after a 4-year tenancy may not be able to claim the full replacement cost — a tribunal may find that the carpet had reached the end of its reasonable life regardless of the tenant.
Always raise the length of your tenancy as a factor if a landlord claims for items that are consistent with normal long-term use.
The ingoing condition report and move-in photos are your strongest tools. If an item is documented as already being in poor condition at the start of your tenancy, the landlord cannot claim it deteriorated during your occupancy.
If the condition report does not mention a particular item — meaning both parties accepted it was in good condition at the start — focus on whether the current state is consistent with normal use over the length of your tenancy, or whether it clearly resulted from a specific incident.
Remember: this is not legal advice
The information on this page is general in nature and is not legal advice. Tenancy laws vary by state and individual circumstances differ. For advice specific to your situation, contact your state tenancy authority or a community legal centre.