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Simple English definitions for legal terms
reasonable wear and tear
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A quick definition of reasonable wear and tear:
Reasonable wear and tear is when things get a little bit damaged from being used normally over time. It's like when your favorite toy gets a little bit worn out from playing with it a lot. This term is used when people rent a house or apartment, to make sure that the renter is not responsible for fixing things that just naturally get a little bit damaged from being used. For example, if the carpet gets a little bit dirty from walking on it, that's reasonable wear and tear. But if someone spills paint on the carpet and it won't come out, that's not reasonable wear and tear and the renter might have to pay to fix it.
A more thorough explanation:
Definition: Reasonable wear and tear refers to the damage that occurs to a property over time due to normal use and exposure. It is also known as ordinary wear and tear or natural wear and tear. This term is commonly used in landlord-tenant law to limit the tenant's liability for damage to the property.
Examples of reasonable wear and tear include:
- Repairing damage to bathroom tiles
- Cleaning the property, including professional carpet cleaning, window washing, and interior painting
- Garbage left under an oven, stains in the tub and sink, leftover food in the refrigerator, dog hair throughout the apartment, garbage on the back porch, and dirty windows and ceiling fans
These examples illustrate that reasonable wear and tear is damage that occurs as a result of normal use and exposure to the property. For example, bathroom tiles may crack or become discolored over time due to regular use, and cleaning the property is necessary to maintain its condition. Garbage and stains may also accumulate over time, and cleaning them is part of normal maintenance.
However, there are some types of damage that exceed reasonable wear and tear, such as:
- An offensive and excessive tobacco odor as a result of smoking in the property
- Holes in the wall or damage caused by pets
- Infestations of pests or insects
These examples illustrate that damage that exceeds reasonable wear and tear is damage that is caused by the tenant's actions or neglect, rather than normal use and exposure to the property.
In New York state, the law allows landlords to deduct money from the tenant's security deposit only if the damage exceeds reasonable wear and tear.