Legal Definitions - reasonable wear and tear

The legal term reasonable wear and tear refers to the natural deterioration of property that occurs over time due to ordinary, everyday use and exposure to the elements. It encompasses the minor damage, depreciation, or imperfections that are expected to arise from living in or using a property normally, without negligence, misuse, or abuse. This concept is particularly important in landlord-tenant relationships, as it typically limits a tenant's financial responsibility for property damage to only that which exceeds this normal aging process.

Here are some examples to illustrate what constitutes reasonable wear and tear:

• Fading Paint on Walls: Imagine a tenant has lived in an apartment for several years. Over this period, the paint on the walls, especially those exposed to sunlight, might naturally fade or become slightly discolored. There might also be very minor scuffs or smudges from furniture being moved or everyday contact.

  This illustrates reasonable wear and tear because the fading is a result of prolonged exposure to light and the passage of time, not deliberate damage or excessive force. Similarly, minor scuffs from ordinary living are expected and do not indicate negligence. The landlord would typically be responsible for repainting due to this natural aging.

• Minor Scratches and Dullness on Hardwood Floors: After a tenant has occupied a home for several years, the hardwood floors in high-traffic areas, such as hallways or living rooms, might show some superficial scratches, a slight dulling of the finish, or minor indentations from furniture legs.

  This demonstrates reasonable wear and tear because these marks are the inevitable consequence of regular foot traffic, moving furniture, and general daily living over an extended period. They are not deep gouges, water damage from spills left unaddressed, or other forms of damage resulting from carelessness or abuse.

• Slightly Worn Kitchen Countertop: A kitchen countertop, after several years of regular use for meal preparation, cleaning, and placing items, might develop some minor, superficial scratches, slight discoloration in certain spots, or a dulling of its original sheen.

  This exemplifies reasonable wear and tear because these changes are consistent with the normal function of a kitchen countertop. They are not indicative of severe burns, deep cuts from improper knife use, or stains from corrosive liquids left to sit, which would typically fall outside the scope of reasonable wear and tear.