Also known as: wear & tear · normal wear and tear · reasonable wear and tear
Written by attorneys · grounded in primary & secondary sources — see below
Deterioration resulting from the ordinary and intended use of property. The concept distinguishes normal depreciation from damage caused by negligence, abuse, or extraordinary events.
Winterhaven Logistics leased warehouse space from Westbrook Dynamics under a clause requiring the tenant to maintain, repair, and keep the interior in good order. At lease end the flooring showed traffic wear, seating vinyl was torn, and ceiling tiles were stained. Westbrook billed Winterhaven for restoration. Because the lease contained no ordinary-wear exception, Winterhaven must pay for the repairs.
The United States condemned a one-year leasehold in a General Motors plant for wartime use. After the term the government returned the premises with damage exceeding ordinary wear. The Court held that compensation must cover deterioration beyond normal use during the occupancy.
Select any source to read its text and confirm it supports the definition.
The City of Escondido permitted mobile-home park owners to seek rent increases based on listed factors. One factor allowed consideration of repair costs other than those arising from ordinary wear and tear. Park owners therefore could not recover expenses for routine deterioration when justifying higher rents.
A taxpayer acquired property subject to a mortgage and later sold it. The Commissioner argued that depreciation deductions should reflect only wear and tear beyond ordinary use. The Court required inclusion of the full adjusted basis, treating ordinary deterioration as part of the allowable depreciation computation.
A tenant who covenants to maintain, repair, and keep the interior in good order without an express ordinary-wear exception must repair deterioration caused by normal use. Courts construe the broad language as shifting responsibility for worn flooring, torn seating, and stained ceiling materials to the tenant.
Normal wear and tear is defined as deterioration from intended use, including breakage from age. It excludes damage from negligence or abuse. Landlords may not deduct for the former when returning deposits.
A mortgagor must make reasonable repairs to correct ordinary wear and tear. Failure to do so constitutes waste even though the initial deterioration is normal.
…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…