Normal Wear and Tear
Synonyms: Fair Wear and Tear، Ordinary Wear and Tear، Reasonable Wear and Tear
Last updated: 2026-09-25
Short Definition
Normal wear and tear is the gradual deterioration of a leased property that results from ordinary use consistent with the purpose of the lease and from the passage of time — faded paint, worn flooring along walkways, loosened hinges — without any misuse or negligence by the tenant.
Overview
Legal Basis
Civil Transactions Law issued by Royal Decree M/191 dated 29/11/1444H: Article 435 (return of the leased property in the condition received, except for normal wear and tear), Article 430 (reasonable care and compensation for transgression or negligence), Article 432 (no alterations without the landlord’s consent) and Article 433 (maintenance according to custom). The Ejar platform provides a service for holding the security deposit and releasing it according to the unit handover form.
Practical Example
Sara rents a flat in Khobar for three years at SAR 40,000 a year, with a SAR 5,000 deposit held through Ejar. At handover the landlord finds faded paint in the rooms (repainting would cost SAR 3,500), light wear on the floor near the entrances, a broken wardrobe door (SAR 600 to repair) and large holes in the living-room wall from mounting a TV without permission, with damaged plaster (SAR 400 to repair). Paint fading after three years and light floor wear are normal wear and cannot be deducted. The broken door and the holes are damage from misuse, proven by comparison with the photographed check-in report. Under the agreed handover form, SAR 1,000 is released to the landlord and SAR 4,000 is returned to Sara.
Common Mistakes
- ✗Deducting a full repaint from the deposit after years of occupancy — paint fading over time is normal wear borne by the landlord.
- ✗Not documenting the property’s condition at check-in — without a photographed report it is hard to prove the damage happened during the lease.
- ✗Treating every defect as tenant damage — the test is the cause: ordinary use, or transgression and negligence.
- ✗Overlooking the tenant’s duty of customary maintenance — neglecting simple upkeep can turn deterioration into the tenant’s liability.
- ✗Withholding the entire deposit without an itemised statement or invoices — any deduction must match proven damage and a reasonable repair cost.
International Differences
Fair wear and tear is a universal concept. In England, deposits for assured shorthold tenancies must be protected in a government-approved scheme, and these schemes offer free dispute resolution over deductions. In Turkey, the deposit for residential and roofed commercial premises may not exceed three months’ rent and is placed in a time-deposit account that can be released only with both parties’ consent or on a final court or enforcement decision (Code of Obligations Art. 342). In the UAE the amount and terms of the deposit are largely left to the contract. In Saudi Arabia the basis is Article 435 of the Civil Transactions Law, with the option of holding the deposit electronically through Ejar.
