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Last year I leased a warehouse/shop for my taxidermy business. Before moving into the premises I talked with the landlord about ways to protect the floor from salt, used to preserve hides and capes. We agreed to have the floor coated with an epoxy type coating (not two part). (This is also a heated floor). I footed over a third of the cost for the coating and application - nearly $1200
When I moved in, I asked the landlord if it would be okay to put a piece of vinyl/linoleum down on a 12x12 section, to further protect the floor. He said that shouldn't be a problem, and so I did.
Well, I moved out last week when my lease was up and the paper backing on the linoleum had adhered rather permanently to the floor. I had to use lacquer thinner to scrape it off, which resulted in the coating coming off as well.
Am I responsible for the having the floor recoated or is he, since he gave permission for me to place it there?
I think his assumption would be from your description that you would be putting down something which could be easily removed and not stick to the floor so badly that it would remove the finish. Best you talk to your landlord and see what he thinks.
He is aware of the problem and has told me I have to have it repaired.. and if it isn't done correctly that I will have to pay for the entire floor to be recoated/sealed.
And yes, it would be fair to say that neither he, nor I, had any idea the backing on the linoleum would adhere like it did. I did not use any adhesive, because I didn't want to permanently attach it. I think if either of us had known the end result would be such an issue, neither of us would have done it.
My issue is that he gave me permission to do so and now is not taking any responsibility for that decision.
It's based on an "assumption" on his part (and on yours) but legally you're required to return the premises in the same condition as when received. I'm guessing, based on your tenancy of only one year, that things didn't work out well. You might want to run your lease and any other related paperwork by a commercial real estate attorney for an opinion if you and your landlord can't reach a compromise.
He could argue that he gave you permission to put the flooring down on your advice that it would further protect the floor. It is damage you caused. I do not see any way that you are not at fault.
I was a good tenant and always responsible.. In fact he always said he wished he could find more tenants like me.... I will have to chalk this up as an unfortunate decision that was intended for both his and my best interest, but ended up costing me money. Lesson learned.
This one is obviously on you. When giving permission to put down linoleum one assumes it isn't permanent and won't damage the flooring underneath. This is common sense.
what does your lease say? your should have an alterations clause that deals with this...95% of the time it will be your responsibility to repair any damage caused by removal (assuming you have to remove it which should be outlined as well).
Sorry, OP, but you get to pay for it. You damaged the floor. The landlord was not the one who picked out the linoleum, nor was he the one who placed it there.
What you had was permission to protect the floor. The way you chose to try to protect the floor didn't work out.
Maybe you didn't know that lacquer thinner would damage epoxy, but maybe you could have taken a few minutes to contact the epoxy floor manufacturer and find out before you used a cleaning method that was very unsuitable to use.
I don't happen to use lacquer thinner and I don't use epoxy paint. I'm not a painter, but even I know that any sort of paint thinner or paint remover is going to possibly damage paint.
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