Define: Fair Wear And Tear

Fair wear and tear is a legal concept commonly used in property rental agreements and insurance policies to differentiate between normal deterioration of property or items due to ordinary use and damage caused by negligence, misuse, or deliberate actions. It acknowledges that assets such as rental properties, vehicles, or equipment will naturally deteriorate over time with regular use, and that this depreciation is to be expected and accepted by the owner. Fair wear and tear may include minor scuffs, scratches, or fading that occur through typical use and cannot be avoided even with reasonable care. Landlords and insurance companies typically account for fair wear and tear when assessing property condition and determining whether repairs or replacements are necessary. It is important for both landlords and tenants to understand and agree upon what constitutes fair wear and tear when entering into rental agreements to avoid disputes over property condition and maintenance responsibilities.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.