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Old 05-24-2010, 06:30 PM
 
305 posts, read 654,854 times
Reputation: 419

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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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Old 05-24-2010, 06:44 PM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
The LL wants the damages fixed. These repairs were necessitated by you (your movers caused the damage). You don't think the landlord has the RIGHT to repair the damage? Cosmetic or emergency, the landlord is responsible for maintaining HIS or HER property to his or her standards, not to your standards. While you might prefer the landlord not inconvenience YOU, why should the LL be inconvenienced by waiting until you leave?
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Old 05-24-2010, 06:48 PM
 
305 posts, read 654,854 times
Reputation: 419
Quote:
Originally Posted by NY Annie View Post
The LL wants the damages fixed. These repairs were necessitated by you (your movers caused the damage). You don't think the landlord has the RIGHT to repair the damage? Cosmetic or emergency, the landlord is responsible for maintaining HIS or HER property to his or her standards, not to your standards. While you might prefer the landlord not inconvenience YOU, why should the LL be inconvenienced by waiting until you leave?
The question is whether he has the right to fix cosmetic damage with us inside. It's a scratch and does not compromise anything or anyone using the premises. His only inconvenience would be waiting, we could pay for missed rent if he can prove that doing the floors delayed a potential new lease.
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Old 05-24-2010, 08:39 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
Reputation: 2771
Depending on the size and location of the scratches, they could cause further damage if not repaired. Walking on the scratches could potentailly increase the severity of the scratch and damage the wood by increaasing the depth of the scratch. Be happy the LL wants to repair damage so fast. Also, did the LL tell you that you did the damage so you have to pay for it? If not, let the LL do as he pleases to save yourself some money. The LL has the right and obligation to repair damage as needed. Let the LL do the job.
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Old 05-25-2010, 07:44 AM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
Of course the LL has the right to make repairs to the property he owns. What on earth would make you think otherwise? Suck it up, buttercup. You did the damage, now suffer the consequences. You don't like it? Get the moving company to pay for the damages - moving the furniture out of the way and back again AND putting you in a hotel for the time it takes.

But stop blaming your landlord. It IS the landlord's property and he has the RIGHT to keep it nice.
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Old 05-25-2010, 08:09 AM
 
2,053 posts, read 4,814,140 times
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Annie, you are really straight to the point! Great post, though.

Well, I mentioned before I am a tenant and a LL so I know what it is like to be on both sides.

I think what tenants do not understand is that they are at someone's property, the LL's property, and they pretty much have the right to use it as stated on the lease, plain and simple.

I often hear tenants saying "I pay the rent, so I can!!!!" or "I pay the rent, so the LL can't!!!!" blah blah blah... The fact that one pays the rent entitles one to have one's rights respected, however it does not entitle one to order the LL to do things or not.

Some LLs are a bit over the top, I agree, and I think since the tenant pays the rent there are terms to be respected, but the fact that the tenant is using the LL's property does not forbid the LL to do whatever repairs he finds necessary. It is his property and he/she wants to keep it to his/her standards.

I am absolutely not saying it is the OP situation, but we hear many stories of LLs who did not inspect the property periodically and find it to be in absolutely miserable condition when the tenant leaves. When I moved in, my LL came here often. Now he compliments me on the property for being in great shape, and hardly ever comes. He knows I take care of his property. I simply do not want to have issues with him. Everybody is happy.

Personally I always discuss repairs with my LL. Some things he wants to fix immediately, some he says he would prefer to do between the time I leave and the next tenant comes in. If it does not bother me for a specific reason, fine with me. I can wait. If it bothers him and he wants to fix it now, fine with me, it is his call.

Ultimately it is the LL's property, period. If he wants to repair it and it is a reasonable request, not much to discuss here.
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Old 05-25-2010, 08:31 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
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Akama13, you're basically screwed on this one where the LL's demands are concerned but you can certainly sue the movers for damages to the floors. Presumably they were a professional moving company and you had a contract with them?

If you signed off on their delivery, paid them and didn't note damage to the floors then you're on thin ice but still might have a very good case against them in small claims court if the LL cooperates with you about the state of the floors before you moved in and if there are corroborating photos.
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Old 05-25-2010, 10:22 PM
 
4,796 posts, read 22,899,264 times
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Quote:
Originally Posted by NY Annie View Post
Of course the LL has the right to make repairs to the property he owns. What on earth would make you think otherwise? Suck it up, buttercup. You did the damage, now suffer the consequences. You don't like it? Get the moving company to pay for the damages - moving the furniture out of the way and back again AND putting you in a hotel for the time it takes.

But stop blaming your landlord. It IS the landlord's property and he has the RIGHT to keep it nice.
Wow isn't that unnecessarily snarky.

The LL can insist that the repairs be done now. It doesn't seem logical, it would be more logical for them to wait until you move out as you say, but they don't have to be logical. You might want to look into your renter's insurance policy for reimbursement of the costs. Some states allow you to make claims against mover's damage for up to a month after the move took place, so you might want to research that too.
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Old 05-26-2010, 08:45 AM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
Quote:
Originally Posted by kodaka View Post
Wow isn't that unnecessarily snarky.

The LL can insist that the repairs be done now. It doesn't seem logical, it would be more logical for them to wait until you move out as you say, but they don't have to be logical. You might want to look into your renter's insurance policy for reimbursement of the costs. Some states allow you to make claims against mover's damage for up to a month after the move took place, so you might want to research that too.
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!
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Old 05-26-2010, 09:38 AM
 
4,796 posts, read 22,899,264 times
Reputation: 5047
It is illogical because it is more hassle with the tenant in the unit, and because depending on how long the tenant lives there, the refinished floors may deteriorate as a matter of normal wear and tear, meaning the LL will have to refinish them again, only at their own expense.

Directness is not the same as snarky. Pretty much everyone on this thread was direct. I don't see anyone else with that air of smug satisfaction that you express. Its almost like you are getting some sort of pleasure out of reading about this situation. OP hasn't said they don't have the money to pay for the repair, btw. You are making a lot of assumptions in your pursuit of this OP.
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