[WSBARP] Landlord/tenant - damage to floors / calculating cost

[Roger Moss]

Rachel, you are right to be pushing back on client’s unreasonable expectation. Here are some thoughts.

First, you are right, tenants cannot be held responsible for entire bill.

Second, landlord should get additional estimates, including an estimate to repair the offending scratches by themselves. Someone can do that.

Third, there are rare circumstances when small damages can only be corrected by a total refurbishment. For example a highly customized or unique improvement. See next item.

Finally, how old are the floors? Even if tenants ruined all of it, they should only be responsible for landlord’s unamortized investment. 

There are a lot of variables in all this and ultimately the amount tenant owes landlord is simply negotiable.

Be well,

Roger

Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com

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> On Jun 9, 2020, at 1:02 PM, Rachel Bender <rachel at bender-law.com> wrote:
> 
> Hi all,
> 
> Has anyone dealt with a client (landlord or tenant) re: calculating damages to floors in a rental? 
> 
> Here's what's going on: tenant moved into townhouse with hardwood floors, landlords acknowledged extensive scratches and damage made prior to tenant moving in (documented on "initial walk-through inspection" form). 
> 
> Tenant moves out, and landlord discovers two small scratches (2-3 inches) on the hardwood (tenant insists that this was from the moving company, but I digress). Landlord obtains estimate ($1,700) to sand and refinish ALL of the hardwood on that floor, and wants to charge the tenant 100% of that even though the vast majority of damage existed prior to tenant's lease. 
> 
> Correct me if I'm wrong, but tenant should not be on the hook for 100% of this bill - shouldn't it be calculated to ensure tenant only pays for the 2 new scratches? 
> 
> Any advice on how to calculate this? 2-3 inches vs. total square footage of 500 for that floor?
> 
> Thanks!
> 
> Rachel R. Bender | Member, Attorney
> 
> Bender Law PLLC
> 1001 Fourth Avenue | Suite 4400 | Seattle, WA 98154
> Reception: 206.577.7987 | Direct: 206.389.1744 | Fax: 206.693.4365
> www.bender-law.com <http://www.bender-law.com/>
> 
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