BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)

Citation: BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Parent Document: BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-08-01
Original Source: https://www.courtlistener.com/opinion/10646213/branda-peebles-another-v-jrk-p... ↗

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For example, if newly refinished floors again need finishing "after about one year to eliminate the scuffmarks made by walking on them" because a tenant chose not to use rugs and was not required to do so under the lease, "the physical change in the floors has been brought about by normal wear and tear in using the leased property in a reasonable manner."  Restatement (Second) of Property:  Landlord & Tenant § 12.2 comment d, illustration 2 (1977).  So too for a reasonable degree of scuffing on walls, marks on doorways, and stains and other signs of wear on carpets and other surfaces expected to show their age over time with reasonable use.  And the longer an occupancy lasts, the more wear and tear is reasonably to be expected, eventually potentially amounting to severe wear and tear that is nonetheless reasonable in view of the length of the lease and contemplated use of the premises.  See Kaplan, 255 Mass. at 128-129.  If, however, the damage is the result of unreasonable use -- for example, overloading an old and cracked floor with heavy objects that cause a collapse -- such damage exceeds reasonable wear and tear.  See Gade, 324 Mass. at 516-517 (such evidence sufficient to prove voluntary waste).

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