Also known as:normal wear & tear · ordinary wear and tear · wear and tear
Written by attorneys · grounded in primary & secondary sources — see below
Deterioration that results from the intended use of property, including breakage or malfunction due to age or deteriorated condition. It does not include damage from negligence, carelessness, accident, or abuse by the tenant or others under the tenant's control.
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Cases
Statutes
Uniform Acts
Restatements
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Study Supplements
How it applies
Common Examples
5
Tenant Repair Covenant Covers Wear
Noreen Nguyen leased an office suite under a ten-year agreement requiring her to maintain, repair, and keep the interior in good order, with no mention of ordinary wear and tear. At lease end the hallway carpet was threadbare, ceiling tiles were stained, and fixed seating was torn from daily use. The landlord performed the repairs and sued Nguyen for the costs. Because the covenant contained no exception for normal wear and tear, Nguyen was obligated to bear the expense of restoring the interior to good order.
Product Age and Use Distinguish Defect
Nyah Ndlovu purchased a used power tool that had already seen years of service. After six more years of regular operation the tool failed, but evidence showed extensive normal wear on critical components unrelated to any manufacturing flaw. The court held that the failure resulted from ordinary use over time rather than a defect, so the manufacturer escaped liability.
Potter v. Chicago Pneumatic Tool Co.694 A.2d 1319, 1332, 1334-1335 (Conn. 1997)
Depreciation Reflects Normal Deterioration
Nikhil Narayan acquired improved real property and claimed a stepped-up basis for tax purposes. The property had suffered ordinary aging of its roof and fixtures during prior ownership. The Commissioner reduced the basis to account for that normal wear and tear, and the reduction was upheld because such deterioration is an expected incident of ownership rather than an extraordinary loss.
Crane v. Commissioner331 U.S. 1, 67 S.Ct. 1047, 91 L.Ed. 1301 (1947)
Compensation Excludes Routine Wear
Nolan Nunez owned a warehouse taken by the government for temporary wartime use. The premises showed scuffed floors and faded paint from ordinary operations before the taking. The Court limited compensation to the value of the occupancy itself and excluded any allowance for the pre-existing normal wear and tear, which was not attributable to the government's action.
United States v. General Motors Corp.323 U.S. 373, 378 (1945)
Rent Control and Mobile-Home Deterioration
Nalini Narula owned a mobile-home park subject to local rent control. Several units displayed faded siding and worn skirting that resulted solely from long-term exposure and ordinary resident use. The city ordinance treated these conditions as normal wear and tear rather than grounds for rent increases or removal orders, so the park owner could not cite them to justify higher charges.
John K. YEE, et al. v. City of ESCONDIDO, California503 U.S. 519, 112 S.Ct. 1522, 118 L.Ed.2d 153
Common questions
Frequently Asked
4
When does a broad tenant repair covenant require the tenant to fix conditions caused by normal wear and tear?+
A tenant who agrees to maintain, repair, and keep the interior in good order without an express exception for ordinary wear and tear must perform all necessary interior repairs, including those arising from normal use. Courts construe the unqualified language as placing that responsibility on the tenant. The absence of a carve-out means conditions such as worn flooring, torn seating, and stained ceiling tiles fall within the covenant.
How does the Uniform Residential Landlord and Tenant Act define normal wear and tear?+
The Act defines normal wear and tear as deterioration resulting from the intended use of the dwelling unit, including breakage or malfunction due to age or deteriorated condition. It expressly excludes deterioration caused by negligence, carelessness, accident, or abuse by the tenant, family members, or guests.
Does a tenant have a duty to restore the premises after making permissible alterations if the changes constitute normal wear and tear?+
A tenant must restore the property to its former condition after permissible changes when the landlord requests restoration and restoration is possible. That duty does not apply if the changes result from reasonable wear and tear or if restoration would be unreasonable in light of the probable future use of the property.
Is a mortgagor liable for ordinary wear and tear on mortgaged property?+
A mortgagor must make reasonable repairs to correct ordinary wear and tear and is liable for waste if those repairs are not made. The mortgagor is not responsible, however, for damage caused by natural casualties such as hurricanes or earthquakes.
, due to the Government’s occupancy. We do not understand that these facts alter the question before us. The case now presented involves only the original taking for one year. If, on remand,…
‘
wear and tear
.’ ” [^maj-10]: According to the landlord, tenant threatened to inform the landlord’s mortgagee of “various alleged breaches of the mortgage covenants” and “alleged statements made by [the…
ordinary wear and tear
during said term. Where damage has been caused maliciously or by ab
normal
or unusual use, the tenant is conversely liable for repair. The nature of vital facilities and the extent and type…
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