ordinary wear and tear

ordinary wear and tear

noun diminution, normal damage, normal decline in value, normal deeerioration, normal detriment, normal harm, normal impairrent, normal loss
Associated concepts: depreciation, residual value insurance
References in periodicals archive ?
In case law applying the Takings Clause to a temporary taking of a building-with fixtures and equipment, the Court has ruled that the government is liable for any damage to the property, including damage to any permanent fixtures and equipment, excluding ordinary wear and tear.
In addition, the government was ordered to pay compensation for damage to the plant and machinery beyond ordinary wear and tear incurred during the government's use of the facility.
7] Continuing its tendency to look to customary practices in the rental market for inspiration to determine just compensation for temporary takings, the Court reasoned that such an award was constitutionally justified because responsibility for damages in excess of ordinary wear and tear are typically borne by the tenant in the landlord-tenant context.
The [trial court] awarded compensation to [the owner] for damage to its machinery and equipment in excess of ordinary wear and tear, the award of rental having been adjusted to include an allowance for normal depreciation.
Notwithstanding the strong financial incentive to keep up with building maintenance, courts have recognized that the government may elect between repairing some or all of the damage in excess of ordinary wear and tear or simply returning the premises to the owner as is and compensating the owner for the reasonable cost of restoring the property.
Timing of Litigation to Determine Damages Above Ordinary Wear and Tear
Typically, litigation involving the government's liability for damage to the premises in excess of ordinary wear and tear occurs at the conclusion of the temporary taking and not during the initial proceeding to determine the fair market rental value of the premises.
I think that courts would agree that any kind of stains, marks, or nicks that have to be filled in are beyond ordinary wear and tear," says James H.
For example you might say that fingerprints on light switches could be considered beyond ordinary wear and tear because if it were your home, you would clean that as part of routine maintenance.
When you retain all or part of an ex-resident's security deposit, "you must explain why you considered the damage worse than ordinary wear and tear and how you spent the money you deducted," says Bownas.
Accordingly, a landlord's covenant to restore leased property if it should become untenantable applies to damage from these causes and not to the effect of ordinary wear and tear or to the results of neglect or fault of the tenant.
Pursuant to the pooling agreement, PNC represents and warranties to the trustee for the benefit of the certificateholders that as of the closing date each mortgaged property is free of damage and in good repair, ordinary wear and tear excepted.