Also known as:natural wear-and-tear · ordinary wear and tear
Written by attorneys · grounded in primary & secondary sources — see below
The gradual physical deterioration of property that occurs through ordinary use and the passage of time. A broad tenant covenant to maintain and repair the interior without an express exception for this deterioration obligates the tenant to perform the necessary repairs. In the mortgage context the mortgagor must correct such deterioration to avoid committing waste.
Sources & Authorities
How it applies
Common Examples
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Tenant Liable for Worn Finishes
Nalini Narula leased an office floor from Nobel Dynamics under a five-year agreement requiring her to maintain, repair, and keep the interior in good order with no mention of ordinary deterioration. At lease end the carpet was threadbare from daily foot traffic, ceiling tiles sagged from HVAC condensation, and chair upholstery had cracked through normal use. Nobel Dynamics sued for replacement costs. The court held Nalini responsible because the covenant contained no exception for natural wear and tear.
Product Modification Versus Normal Use
Nicholas Nunez purchased a pneumatic tool from Chicago Pneumatic Tool Co. After three years of regular job-site handling the tool's housing showed surface abrasion and grip wear from ordinary operation. A coworker later altered the trigger mechanism. In the ensuing product-liability suit the court distinguished the natural wear and tear from the third-party modification when allocating responsibility.
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Cases
Restatements
Dictionaries
Potter v. Chicago Pneumatic Tool Co.694 A.2d 1319, 1332, 1334-1335 (Conn. 1997)
Compensation Includes Deterioration
Neville Norton operated a manufacturing plant on land taken by the United States for a temporary period. During the occupancy the flooring and fixtures suffered the expected scuffs and surface erosion from continued production. The Court included the value of remedying that natural wear and tear in the compensation awarded beyond the rental value of the space itself.
United States v. General Motors Corp.323 U.S. 373, 378 (1945)
Rent Control and Property Condition
Nadia Novak owned a mobile-home park subject to Escondido's rent-control ordinance. Over several seasons the pads and utility connections experienced the normal settling and surface erosion that accompanies long-term residential use. The Court examined whether the ordinance's restrictions on rent increases prevented the owner from recovering costs attributable to that natural wear and tear.
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
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Does a broad repair covenant obligate a tenant to fix natural wear and tear?+
Yes. When a lease requires the tenant to maintain, repair, and keep the interior in good order and contains no express exception for ordinary deterioration, the tenant must perform all necessary repairs, including those caused by normal use over time.
How does natural wear and tear differ from waste by a mortgagor?+
A mortgagor must make reasonable repairs to correct ordinary deterioration and thereby avoid waste. Failure to do so impairs the mortgagee's security and exposes the mortgagor to foreclosure, injunction, and damages. Natural casualties such as earthquakes fall outside this duty.
Can a landlord shift the cost of natural wear and tear to the tenant by lease language?+
Yes. The parties may allocate even ordinary deterioration to the tenant through an unqualified covenant to maintain and repair. Courts enforce that allocation when the lease lacks an express carve-out for natural wear and tear.
Does natural wear and tear include damage from approved tenant uses?+
Yes. Deterioration that results from the very activities the lease permits, such as daily student traffic in a tutoring center or customer movement in a retail store, still constitutes natural wear and tear that a broad covenant requires the tenant to repair.
503 U.S. 519, 112 S.Ct. 1522, 118 L.Ed.2d 153Property
…land; (7) changes in utility charges; (8) changes in operating and maintenance expenses; (9) the need for repairs other than for ordinary wear and tear; (10) the amount and quality of services provided to the affected tenant; and (11) any lawful existing lease. Ordinance § 4(g), App. 11-12. Petitioners John and Irene Yee own the Friendly…