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You said this is the outside of the front door. The tenant may very well argue it wasn't their dog that did the damage. That's a little tougher than if it was inside, or the back door.
This is damage, and you can charge them the actual cost to repaint the door.
This is different than a useful life question, IMO. And it's not normal wear and tear. Normal wear and tear would happen over time just from normal use of an object. For instance, the door knob or lock might wear out over time from being opened and closed, kind of thing.
But, a dog scratching the paint off a door, is not something that would happen from normal use of the door over time.
You're not trying to charge them for an entire new door, like trying to charge a tenant for a brand new carpet when the carpet was 8 years old.
I'd charge them the actual cost of painting the door.
This site explains how you can charge for your time, if you should choose to do it yourself:
If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
No. Dog scratches are NOT normal wear and tear, even if your landlord permits pets. Have tenant repair damage or repair it yourself and then submit contractor statements, subtract from security deposit.
You said this is the outside of the front door. The tenant may very well argue it wasn't their dog that did the damage. That's a little tougher than if it was inside, or the back door.
Interesting observation. It does seem that in CA, damages to the property outside the "exclusive use" areas are a toss up. It seems that if challenged, the judges require the landlord to prove the damages were cause by the tenant or was controllable by the tenants. As mentioned in one case, you can't blame the tenant for damages the UPS man made to the porch. If the front entry is open to the public, I would think the landlord will have to prove it was the tenant who caused the damages.
You said this is the outside of the front door. The tenant may very well argue it wasn't their dog that did the damage. That's a little tougher than if it was inside, or the back door.
But common sense is common sense.
Tenant has a dog.
If stray dogs were scratching at the front door to be let in for some off the wall/never happened reason....I'm sure the tenant would have mentioned the damage before the LL found it.
Our renter's (approved) pet made noticeable scratches on the front door of the home. The scratches are noticeable but not deep, meaning the paint is scratched up but the wood is not. Additionally, the paint on the front door is somewhat faded. However, if not for the scratches, I would not have the door repainted at this time.
Would the scratches made by the dog be considered 'wear & tear' or damage? (The lease does not specify any definitions related to pet damage.)
Thanks!
They are damage. Charge him for the refinishing or replacement of the door, depending on how bad it is. You will need an invoice to prove your side so do not do the work yourself, or you'll only be able to charge him for the materials. So, get a painter or handyman to perform the task.
As far as prorating the cost due to "age", I would charge him at least 1/2. Hopefully you have "before and after" photos.
They are damage. Charge him for the refinishing or replacement of the door, depending on how bad it is. You will need an invoice to prove your side so do not do the work yourself, or you'll only be able to charge him for the materials. So, get a painter or handyman to perform the task.
As far as prorating the cost due to "age", I would charge him at least 1/2. Hopefully you have "before and after" photos.
Just sold a house where the side garage door had been scratched away about a foot at the edge. I suspect the dog could walk through the hole.
Normally though my handi guy would fill it, prime it, paint the whole door for $50.00. That is for a normal front door. My door is a fancy inlaid hard wood design and would probably cost $500 or more to fully restore if badly scratched.
If stray dogs were scratching at the front door to be let in for some off the wall/never happened reason....I'm sure the tenant would have mentioned the damage before the LL found it.
But the law does not allow a landlord to charge/deduct for damages. The law allows the landlord to charge/deduct for damages caused by the tenant. It seems in CA that case law supports the tenant over the landlord when damages is to the public area (exterior front door falls into that group) can not be reasonably shown to be caused by the tenant. Basically, if the tenant argues that the damages could easily be cause by many factors out of the tenants control, the burden shifts to the landlord to reasonably show the damages were caused by the tenants.
This does not mean the landlord can't charge the tenants or that the tenants will not have to worry about the damages; it means that if the tenant challenges the amount and it ends up in a court of law, the landlord will have a much tougher burden of proof.
Basically, if the tenant argues that the damages could easily be cause by many factors out of the tenants control, the burden shifts to the landlord to reasonably show the damages were caused by the tenants.
In context, dog permitted, fenced yard, dog let out for business, dog wants to re-enter and alerts owner by scratching door. Not difficult to prove at all.
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