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Old 12-05-2011, 11:37 PM
 
6 posts, read 10,379 times
Reputation: 11

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Help!
I'm renting a dry-cabin (no running water), which never had proper flooring installed (just painted plywood), and the landlord knew we had two dogs when we moved in, but now he's talking about keeping our deposit because an area of the "floor" is scratched.

On [url]http://www.law.state.ak.us/pdf/consumer/LandlordTenant09_web.pdf[/url]
It says:
"Tenants cannot be charged for damages caused by 'normal non abusive living.' Landlords and tenants frequently disagree about what constitutes normal, non abusive living, so here are a few guidelines:
A family with children or pets will normally wear things out faster than an adult living alone. This type of wear is the • landlord’s responsibility, and must be expected when renting to a family with children or pets."

Does this count as "normal, non-abusive living"? If so, how can I prove it, or what can I do if my landlord insists on keeping my deposit? If not, how much of my deposit is the landlord entitled to keep for this? (surely not the whole thing?)
Thanks.
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Old 12-06-2011, 04:30 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
Reputation: 26728
Google, "(your state) landlord tenant laws" and see what procedure your landlord has to follow where return of security deposit is concerned. In most states, the deposit has to be returned within 30 days of quit and any deductions taken from it must be itemized and receipted.

I don't see how he can get away with charging you back for damages to an unsealed subfloor. Painted plywood isn't flooring. If you have a decent relationship with him then talk to him about it now. If not then wait and see what happens hen you move out and then proceed from there. To be on the safe side, take photographs. If the "residence" doesn't have running water it's probably not even legal. Good luck.
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Old 12-06-2011, 06:33 AM
 
16,376 posts, read 22,499,657 times
Reputation: 14398
Maybe he would simply charge for a recoat of paint on the floor where it was scratched and possibly the whole room so it matches. Way cheaper than new flooring.
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Old 12-06-2011, 10:56 AM
 
2,091 posts, read 7,520,190 times
Reputation: 2177
A smart landlord would charge a pet deposit in advance for potential pet-related extra damage. An even smarter landlord would have at least covered the plywood with inexpensive vinyl tile or sheet. Sounds like this landlord is not smart on either level and is taking it out on you after the fact. I am a pet parent of 4 large dogs, and I allow pets with deposit in my rental, and would not consider scratched plywood anything more than normal wear and tear. It's just plain stupid for the plywood anyway. I do have a plywood subfloor in one bedroom of my rental, it is carpeted, and the only carpeted room as the builder did not make that one part of the house floor sound enough for tile. I would consider charging against the deposit for pet urination on the carpet, or ripped by digging, as its quite easy for the tenant just to simply keep the pet out of that room by shutting the door. There is no need for that carpet to be ever damaged by a pet.
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Old 12-06-2011, 11:31 AM
 
4,918 posts, read 22,689,094 times
Reputation: 6303
In Alaska, if the LL rented with knowledge that there were going to be dogs, they have to based damages on the normal non abusive provision of the law.

Plywood flooring is acceptable in Alaska as flooring just like rentals with no water, sewer, or electrical is legal and acceptable. Now there is a clause requring you the tenant to mitiagte damages such as if you know the dogs are clawing the heck out of the plywood in a specific area, you would need to mitigate it by putting something down like a throw rug or mat. But Alaska courts records are not so readily available or searchable on Landlord tenant issues so how the courts interpret it is unknown.
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