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LSDefine

Simple English definitions for legal terms

wear and tear

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A quick definition of wear and tear:

Term: Wear and Tear

Definition: Wear and tear is when something gets damaged or worn out from being used regularly. It's like when your favorite toy starts to look old and worn because you play with it a lot. When you rent a house or apartment, you are responsible for taking care of it, but you are not responsible for fixing things that get damaged from normal use. This is called fair wear and tear. For example, if the carpet gets a little worn from people walking on it, that's fair wear and tear. But if you spill something on the carpet and it leaves a stain, that's not fair wear and tear and you would be responsible for cleaning it or paying for it to be cleaned.

A more thorough explanation:

Definition: Wear and tear refers to the natural deterioration or depreciation of property resulting from its reasonable use. It is the damage caused by ordinary use and the ordinary operation of natural forces.

For example, if you rent an apartment and live in it for a year, there will be some wear and tear on the property. This might include scuff marks on the walls, worn carpet, or a leaky faucet. These are all examples of normal wear and tear that the landlord cannot charge you for when you move out.

However, if you were to punch a hole in the wall or spill red wine on the carpet, that would be considered damage beyond normal wear and tear. In that case, the landlord could charge you for the cost of repairs or replacement.

Overall, wear and tear is a normal part of using and enjoying property, and landlords cannot hold tenants responsible for it.

wear | Webb–Pomerene Act

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