Legal Definitions - natural wear and tear

Natural Wear and Tear

Natural wear and tear refers to the expected and gradual deterioration of an item or property that occurs through normal, everyday use and the passage of time, rather than from misuse, neglect, or accidental damage. It accounts for the ordinary effects of aging and regular operation, which are unavoidable even with proper care and maintenance. This concept is often relevant in contracts, such as leases or warranties, to distinguish between damage caused by a user's actions and the inevitable degradation that occurs over time.

• Example 1: Residential Rental Property

  Imagine a tenant has lived in an apartment for seven years. Upon moving out, the landlord inspects the unit and observes that the paint on the walls has slightly faded, the carpet in the living room shows minor thinning in high-traffic areas, and the kitchen faucet drips occasionally.

  Explanation: These conditions—faded paint, slightly worn carpet, and a dripping faucet—are considered natural wear and tear. They are the expected result of seven years of ordinary living and use, not due to the tenant's negligence, abuse, or intentional damage. A landlord typically cannot charge a tenant for these types of damages upon move-out, as they are part of the normal aging process of the property.

• Example 2: Commercial Equipment Lease

  A small business leases a high-volume printer for three years. At the end of the lease term, the printer's internal rollers show some grooves from thousands of pages passing through, and the toner cartridge door feels slightly looser than when new.

  Explanation: The grooving on the rollers and the slightly looser door are examples of natural wear and tear. These are expected consequences of the printer's consistent operation over three years, handling a large volume of printing as intended. The leasing company would typically anticipate and absorb these minor degradations as part of the equipment's normal operational lifespan, rather than charging the business for "damage."

• Example 3: Used Car Sale

  A person purchases a ten-year-old car with 120,000 miles on it. They expect that the car will have some minor cosmetic imperfections, such as small stone chips on the hood, slight fading of the dashboard, and some creasing in the leather seats. They also anticipate that certain mechanical components, like the suspension bushings or exhaust system, might be nearing the end of their functional life.

  Explanation: The stone chips, dashboard fading, seat creasing, and the aging of mechanical parts are all instances of natural wear and tear for a vehicle of that age and mileage. These are the expected results of a decade of driving and exposure to environmental elements. These conditions are factored into the car's value and are distinct from damage caused by a collision or severe neglect.