Legal Definitions - wear and tear

Wear and tear refers to the natural and expected deterioration of property that occurs over time due to its ordinary, reasonable use or the normal effects of natural elements. It describes the gradual decline in condition that is not caused by neglect, misuse, or accidental damage, but rather by the regular passage of time and typical operation.

Here are some examples to illustrate this concept:

• Example 1: Rental Car Agreement

  Imagine a family rents a car for a two-week road trip. Upon returning the vehicle, the rental company observes minor scuffs on the floor mats, a slight fading of the dashboard from sun exposure, and a small amount of tread wear on the tires. These are considered wear and tear.

  This illustrates wear and tear because these minor changes are the expected result of driving the car for two weeks under normal conditions. They are not damage from an accident, reckless driving, or neglect. The rental company anticipates such minor degradation as part of the vehicle's ordinary use.

• Example 2: Household Appliance Warranty

  A homeowner purchases a new washing machine with a five-year manufacturer's warranty. After four years of daily use, the internal rubber seals begin to show slight cracking, and the lint filter screen becomes somewhat frayed. The machine still functions, but these components are showing signs of age.

  The cracking seals and frayed filter are examples of wear and tear. They are the result of the machine's regular operation over several years, not a manufacturing defect (which would typically be covered by the warranty) or damage from misuse. Most warranties cover defects in materials or workmanship, not the natural aging and degradation that comes from normal, expected use.

• Example 3: Office Furniture in a Workplace

  In a busy corporate office, the ergonomic chairs used daily by employees for three years develop slightly compressed seat cushions, minor scratches on the armrests from people bumping them, and a few loose threads on the fabric.

  These changes are considered normal wear and tear. They reflect the expected degradation of furniture that is regularly used in an active office environment. They are not due to vandalism, spills, or improper handling, but rather the cumulative effect of daily sitting, movement, and interaction with the furniture over time.