Also known as:reasonable wear & tear · normal wear and tear · ordinary wear and tear
Written by attorneys · grounded in primary & secondary sources — see below
Deterioration that results from the intended use of leased premises, including breakage or malfunction due to age or deteriorated condition. The phrase excludes deterioration caused by negligence, carelessness, accident, or abuse. Lease language may shift responsibility for such deterioration to the tenant when a broad repair covenant lacks an express exception.
Sources & Authorities
How it applies
Common Examples
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Broad Covenant Triggers Tenant Liability
Raymond Ramos leased an office suite under a written agreement requiring him to maintain, repair, and keep the interior in good order, with no mention of ordinary wear and tear. After five years of daily use the carpet showed deep traffic wear, ceiling tiles sagged from condensation, and chair upholstery cracked. The landlord demanded replacement costs at lease end. Because the covenant contained no exception, Ramos bore responsibility for restoring the interior elements that had deteriorated through ordinary use.
Temporary Taking Includes Wear Assessment
Ridgeway Partners occupied a government-requisitioned warehouse under a temporary taking order. At the end of the period the government returned the building with scuffed floors, faded paint, and minor fixture wear from normal storage operations. The court included the reasonable cost of restoring those conditions in the compensation award because the wear resulted directly from the authorized use during the taking period.
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Cases
Statutes
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Study Supplements
Dictionaries
United States v. General Motors Corp.323 U.S. 373, 378 (1945)
Restoration Duty After Permitted Modifications
Riley Rivera installed accessibility ramps and widened doorways in a rented retail space under a lease silent on alterations. At lease end the landlord requested restoration of the original layout. Rivera performed the work but left minor scuffs and paint mismatches from the removal process. The landlord could not recover for those residual marks because they constituted reasonable wear and tear incident to the permitted changes.
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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How does a broad repair covenant affect responsibility for reasonable wear and tear?+
A tenant covenant to maintain, repair, and keep the interior in good order without an express exception for ordinary wear and tear obligates the tenant to perform all necessary repairs, including those arising from normal use. Courts construe such language broadly to shift the cost of worn flooring, damaged ceilings, and deteriorated seating to the tenant at lease end.
What types of deterioration qualify as reasonable wear and tear under uniform acts?+
Normal wear and tear includes deterioration resulting from the intended use of a dwelling unit, such as breakage or malfunction due to age or deteriorated condition. It excludes deterioration caused by negligence, carelessness, accident, or abuse by the tenant or guests.
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…