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

[Rachel Bender]

Thank you, Roger.

This is Ipe (genuine hardwood) installed in 2008; it isn't fancy or unique
flooring. Very glossy finish, so one would think a cleaning and sealant
would fix this (there's a debate re: whether it's superficial scratches vs.
actually penetrating the hardwood). Based on the pictures I've seen, it's
superficial.

Landlord got one quote, but is willing to entertain estimates from
company's contacted by tenant - who was able to obtain a $500-700 estimate
already.  Landlord claims he's on a "time crunch" (probably the next tenant
lined up) and this all needs to be addressed "immediately" - like within 24
to 48 hours.

To throw another wrench in things, tenant gave landlord 60 days' notice of
intent to move out (per their lease), which means tenant had to pay for the
first 10 days of June. Tenant already moved out, so landlord has been able
to access the townhouse for the last week. Anyway, they agreed via email
that the prorated amount for the first 10 days of June ($850) would come
out of the security/damage deposit - but now that there's this horrendous
bill for the floors, the landlord is insisting that the tenant cough up the
$850. It's just a mess.

I think this is the landlord's first time being a landlord.


*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

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On Tue, Jun 9, 2020 at 1:23 PM Roger Moss <ram at pacific-ci.com> wrote:

> 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
>
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