Reasonable wear and tear is a legal concept used in business to refer to damage caused to property or services that is expected or acceptable as a normal result of their use. It is the logical conclusion of deterioration, caused not by abuse or neglect, but by ordinary, everyday use. Reasonable wear and tear occurs when an asset or a product with a fixed lifespan experiences a gradual decrease in value as a result of its use.
Understanding Reasonable Wear and Tear
In a commercial setting, reasonable wear and tear refers to the deterioration of property that comes as a part of its ordinary wear and use. It is usually the natural result of using the property over a period of time, and cannot typically be avoided by proper maintenance or upkeep. It includes things like the normal fading of colors in carpets or furniture with age, the buildup of dust over time, or the fading of a logo on a business’s outdoor signage.
Examples of Reasonable Wear and Tear
One of the best examples of reasonable wear and tear comes from the leasing industry. For example, a lessee may be liable for a large sum to compensate a lessor for the damages of a property that is returned at the end of the lease. However, if the damages are a result of reasonable wear and tear, the lessee may not be liable for the costs to repair the damages. Another example is the purchase of a new car. The gradual decrease in its value due to ordinary use is an example of reasonable wear and tear.
Reasonable Wear and Tear in Business
Understanding reasonable wear and tear is important for business owners. In lease agreements, for example, the clause should determine whether the lessee is required to cover the costs of damages created by reasonable wear and tear or if the lessor is responsible for the damage. In the context of sales, defining what is reasonable wear and tear is important so that the seller is not liable for repairs or replacements to the buyer due to natural deterioration.
Conclusion
Reasonable wear and tear is an important concept for business owners and legal professionals to understand. It’s important to be aware of what is expected from both parties when it comes to the usage of business assets or services. This understanding can help to ensure that companies remain protected from any unexpected expenses or liabilities.