Normal wear is not the tenant’s responsibility
Yes, normal wear and tear is taken into account. The tenant is not responsible for gradual deterioration from ordinary use: faded paint, minor scuff marks, worn floor finish. Only damage beyond normal wear is the tenant’s liability. The assessment considers tenancy duration, age of elements, and number of occupants.
The key principle:
| Deterioration type | Tenant responsible? |
|---|---|
| Normal wear (gradual, ordinary use) | No |
| Damage (negligence, misuse) | Yes |
| Pre-existing defects | No |
| Force majeure (storm, flood) | No |
Examples of normal versus abnormal wear
Normal wear includes: faded paint from sunlight, minor scuff marks on floors, slight yellowing of white paint, worn door handles, and lime scale from regular use. Abnormal damage includes: large holes in walls, deep scratches on floors, nicotine stains, broken fixtures, and mould from lack of ventilation.
| Normal wear (not tenant’s liability) | Damage (tenant’s liability) |
|---|---|
| Faded paint from sunlight | Large holes from shelves/pictures |
| Minor floor scuff marks | Deep scratches or burns |
| Yellowing of white paint | Nicotine/smoke stains |
| Worn carpet in traffic areas | Red wine or bleach stains |
| Lime scale in bathroom | Mould from poor ventilation |
| Loose door handle from use | Broken door or window |
| Faded curtain fabric | Torn or missing curtains |
| Minor settling cracks | Structural cracks from misuse |
The landlord cannot charge the tenant for normal wear. A claim for repainting after a 9-year tenancy, when the paint was new at entry, is unreasonable. The paint has served its expected lifespan and renewal is at the landlord’s expense.
How wear is assessed
Courts and experts assess wear based on several factors:
- Duration of tenancy: the longer the tenancy, the more wear is expected and accepted
- Age of elements: a 20-year-old kitchen cannot be compared to a new one
- Number of occupants: more occupants means more wear
- Type of use: a family with children causes more wear than a single occupant
- Quality of materials: cheap materials wear faster than quality ones
- Expected lifespan: each element has an expected useful life (paint: 7-10 years, carpet: 10-15 years, kitchen: 20-25 years)
Professional experts often use depreciation tables to determine the fair value of damaged elements, taking into account their age and expected lifespan.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 explicitly recognises normal wear. Brussels courts apply the principle consistently, taking into account tenancy duration and property age.
Walloon Region
The decree of 15 March 2018 follows the same principle. Walloon courts are experienced in assessing normal wear.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 recognises normale slijtage. The Flemish decree’s commentary provides guidance on assessment criteria.
Article 1730 of the Belgian Civil Code (inventory comparison). Article 1731 (tenant’s liability excludes normal wear). Regional tenancy legislation.