Also known as:ordinary wear & tear · normal wear and tear · wear and tear
Written by attorneys · grounded in primary & secondary sources — see below
Deterioration resulting from the intended use of leased premises or property, including effects of age and normal operation but excluding damage from negligence or abuse.
Sources & Authorities
How it applies
Common Examples
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Tenant Repair Covenant Liability
Oceanview Properties leased an office floor to Onyx O'Reilly under a five-year agreement requiring the tenant to maintain, repair, and keep the interior in good order with no mention of ordinary wear and tear. At the end of the term the carpet showed deep wear from daily foot traffic, ceiling tiles sagged from long-term HVAC condensation, and chair upholstery had cracked through routine use. Oceanview sued for the cost of replacement. The court held Onyx O'Reilly responsible because the broad covenant allocated all interior repairs to the tenant even when caused solely by normal use.
Condemnation Damage Assessment
The United States took a one-year leasehold in a General Motors plant for wartime production. After the term the government returned the facility with worn flooring, faded paint, and minor equipment scuffs that had accumulated from ordinary manufacturing operations. General Motors sought compensation for those conditions in addition to the taking itself. The Court treated the ordinary wear and tear as a separate compensable element beyond the value of the term taken.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Restatements
Study Supplements
United States v. General Motors Corp.323 U.S. 373, 378 (1945)
Rent Control Maintenance Factor
The City of Escondido adopted a mobile-home rent-control ordinance that listed the need for repairs other than ordinary wear and tear as one factor justifying a rent increase. Park owners John and Irene Yee argued that routine pad deterioration from tenant use should count toward allowable increases. The ordinance treated ordinary wear and tear as a baseline cost the landlord must absorb without raising rent, while permitting increases only for repairs beyond that level.
John K. YEE, et al. v. City of ESCONDIDO, California503 U.S. 519, 112 S.Ct. 1522, 118 L.Ed.2d 153
Tax Basis Depreciation Adjustment
Taxpayer Crane acquired property subject to a mortgage and later sold it. The Commissioner argued that accumulated ordinary wear and tear reduced the property's adjusted basis for computing gain. The Court recognized that ordinary wear and tear occurring during ownership must be accounted for in determining the proper basis even though the owner had not made actual repairs.
Crane v. Commissioner331 U.S. 1, 67 S.Ct. 1047, 91 L.Ed. 1301 (1947)
Common questions
Frequently Asked
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Does a broad tenant repair covenant cover ordinary wear and tear when the lease contains no exception?+
Yes. When a lease requires the tenant to maintain, repair, and keep the interior in good order without carving out ordinary wear and tear, courts construe the covenant to place the cost of such repairs on the tenant. The worn carpet, sagging ceiling tiles, and cracked upholstery in the Oceanview Properties lease to Onyx O'Reilly were held to fall within the tenant's duty.
What distinguishes ordinary wear and tear from tenant-caused damage under the Uniform Residential Landlord and Tenant Act?+
Ordinary wear and tear is defined as deterioration resulting from the intended use of the dwelling, including breakage or malfunction due to age. It excludes deterioration caused by negligence, carelessness, accident, or abuse by the tenant or guests.
Does a mortgagor's failure to repair ordinary wear and tear constitute waste?+
Yes when the failure to maintain and repair reduces the property's value and impairs the mortgagee's security. The Restatement illustrations show that a mortgagor who allows a leaking roof from ordinary wear to cause rot and collapse commits waste, while damage from natural casualties alone does not.
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…