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Old 05-26-2010, 10:42 AM
 
4,399 posts, read 10,666,516 times
Reputation: 2383

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Quote:
Originally Posted by NY Annie View Post
Far less snarky, if at all, than you even calling me on my DIRECTNESS!

Yes, I'm direct. Good grief, she wants to know if the owner of property has a right to repair.
So no, it was definitely not UNNECESSARILY snarky, it wasn't even snarky.

And my response was certainly less ILLOGICAL than your reply. What is illogical about making a repair that will prevent further damage? It's the LL's property, as you do agree. What is illogical is to permit the renter to continue to damage the LL's property. Depending on the number of coats of varnish on the wood flooring, not repairing it will wind up being more costly, so the LL is doing the OP a favor.

And OP wants to know if the LL has a RIGHT to repair? Imagine that she had an accident with your car. She doesn't have the money to reimburse you right now so she wants you to wait until a more convenient time for HER. She claims you have no right to fix your vehicle.

Snarky indeed!
Your comparison is nonsensical. The OP paid for the exclusive use of an apartment, he didn't borrow a car off his neighbor. The question the OP is really asking isn't whether the LL has a right to repair his apartment. The question is whether the OP has to remove his belongings from the apartment at the LL's request(or demand). Since this request is not reasonable(imo) I don't believe he would have too. Can you provide some a source that says if the landlord decides a repair is needed to be made that the tenant must comply with any demand under any circumstance to make sure the repair is possible? I don't think you can.
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Old 05-26-2010, 12:18 PM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
Quote:
Originally Posted by jdm2008 View Post
Your comparison is nonsensical. The OP paid for the exclusive use of an apartment, he didn't borrow a car off his neighbor. The question the OP is really asking isn't whether the LL has a right to repair his apartment. The question is whether the OP has to remove his belongings from the apartment at the LL's request(or demand). Since this request is not reasonable(imo) I don't believe he would have too. Can you provide some a source that says if the landlord decides a repair is needed to be made that the tenant must comply with any demand under any circumstance to make sure the repair is possible? I don't think you can.

The OP paid for the right to use the apartment and AGREED (either by lease or by statute) to permit the landlord to make necessary repairs. The LL isn't making any demand under any circumstance. He is making a NECESSARY repair to prevent further damage. I'm sure if the tenant had a leak, it would be acceptable for the landlord to repair it - TO PREVENT FURTHER DAMAGE!

YOU don't repair/refinish wood floors or you would understand that the requst IS reasonable, depending upon how much/deep the damage is. I HAVE repaired and refinished wood floors, personally, and for a contractor.

So the tenant and the landlord disagree on what is reasonable and necessary and she doesn't want to be inconvenienced but doesn't get her OWN estimate from a company that does floor refinishing.

"The question the OP is really asking isn't whether the LL has a right to repair his apartment." Wow, I don't know how to read the thread title your way - sounds like she is asking if the LL has the right to repair his property with her in it.


Chapter 59.18 RCW Landlord-tenant Act
59.18.060
Landlord — Duties.
(5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

Chapter 59.18 RCW: Residential landlord-tenant act

Can it be more clear? "in as good condition as ... by ...agreement should have been...."
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Old 05-26-2010, 12:50 PM
 
4,796 posts, read 22,899,264 times
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Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

By your own excerpt, the law only allows the LL to make repairs if the condition was specifically outlined in the lease agreement.

And once again you are grasping at straws, trying to make comparisons that are illogical. A plumbing repair is not comparable to a scratch in the floor. Plumbing is a utility that is required to be maintained as per section (7) in your link. Failure to maintain the plumbing would be both a residential landlord violation and a building code violation. A scratch in the floor violates nothing.
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Old 05-26-2010, 12:58 PM
 
Location: Tampa, FL
2,637 posts, read 12,628,093 times
Reputation: 3630
Can someone explain why it is so important that they be refinished immediately? Why couldn't the wood be refinished at move-out? I have never had wood floors, so this doesn't make a lot of sense to me. Perhaps there is some detail I am missing.
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Old 05-26-2010, 01:57 PM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
The detail you are missing is that any scratch through the varnish allows moisture INTO THE WOOD which leaves open a variety of issues that can result, including but not limited to wood rot, subflooring rot, swelling of wood which can then cause "heave" -- all of these conditions require costly repairs that could be saved by having the scratch(es) repaired NOW before the tenant uses any liquid cleaner or a spill happens, etc.


http://www.woodfloordoctor.com/_how_tos/articles/cleanpt1.shtml
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Old 05-26-2010, 02:02 PM
 
Location: Destrehan, Louisiana
2,189 posts, read 7,050,421 times
Reputation: 3637
A landlord has a right to make necessary repairs to the damaged floor but not the right to re-finish the complete floor in both rooms.

A good floor person can repair the damaged area without having to re-finish the total area. Looks like the landlord is looking to get the floors re-finished on the renters dime.



busta
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Old 05-26-2010, 02:22 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
Reputation: 26727
Quote:
Originally Posted by bustaduke View Post
A landlord has a right to make necessary repairs to the damaged floor but not the right to re-finish the complete floor in both rooms.

A good floor person can repair the damaged area without having to re-finish the total area. Looks like the landlord is looking to get the floors re-finished on the renters dime.



busta
I don't see anything in either of the OP's two posts on this thread indicating that the LL is requiring that she pay for the repairs he wants to make.
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Old 05-26-2010, 03:00 PM
 
Location: Tampa, FL
2,637 posts, read 12,628,093 times
Reputation: 3630
Quote:
The detail you are missing is that any scratch through the varnish allows moisture INTO THE WOOD which leaves open a variety of issues that can result, including but not limited to wood rot, subflooring rot, swelling of wood which can then cause "heave" -- all of these conditions require costly repairs that could be saved by having the scratch(es) repaired NOW before the tenant uses any liquid cleaner or a spill happens, etc.
Yet many homeowners seem to live with scratched floors for years without them rotting away, even here in humid Florida. The LL is demanding that the tenant remove their possessions in order to repair this damage. What are the odds that the scratches will result in the extreme damage you describe? From your link:

Quote:
The next most commonly asked question is what do I do when the floor gets scratched ? All film finished wood floors, no matter how tough the finish is, will, in time get scratched. So now there are two ways to go. The first is to ignore all but the deepest of scratches and plan on recoating the floor every so often. This is what I do on my floors.
So, why is it reasonable to ask the tenant to vacate all their belongings to fix it now, when even your own link advises to simply ignore scratches and repair them later all at once?
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Old 05-26-2010, 11:48 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
I would think that the LL would have to make some kind of consession related to the moving of the furniture. If the tenant doesn't have access to part of the rental for a period of time that doesn't seem right.
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Old 05-27-2010, 01:48 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,545,163 times
Reputation: 18189
The LL is not out of line to do repairs with you in the unit, I have all new carpeting, we moved the furniture into a vacant close by, it was well worth the time and effort.

This may not be the only occasion your floors are redone during your tenancy, if the LL should do inspections and find what he considers damages, after all the property is his investment. The floor needing resurfacing...this doesn't sound as if theres just a few minor scratches. Feel fortunate he hasn't mentioned any fees or charge to you.

In the future I'd be carefull and take precautions and be doubly cautious with damage control to flooring when you terminate and moveout. Take photos as a protective measure since it seems you feel this is normal wear and tear rather than actual damage, or expect deductions from your security deposit.

Quote:
Originally Posted by Akama13 View Post
During our move in the movers scratched the floor. Our landlord says the whole room and adjoining hallway need to be resurfaced to fix it, so all our furniture needs to go out for 2 days. I think it is insane to fix the scratches with us inside, does he have the right to that? He could just have it done when we move out and have shiny new floors for the new tenants

We're in WA state.
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