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Floor Damage from a Tenant's Chair

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  • 08-27-2014, 09:08 PM
    Curious_Chicagoan
    Floor Damage from a Tenant's Chair
    My question involves landlord-tenant law in the State of: Illinois:

    Tenant moved in to the apartment 51 months ago. It was 12 months old. The apartment is 63 months old.
    There are three areas of damage:

    i) Near the back door. http://i.imgur.com/kFsLIVT.jpg
    ii) Near the kitchen sink. http://i.imgur.com/9wIwnIn.jpg
    iii) In the living room. http://i.imgur.com/6YwYw8w.jpg The lacquer has come off much of the wood. It was caused by the tenant using a desk chair without a chair mat. The area of damaged wood seen here is 4 square feet. The apartment is 1400 sq ft.

    How much (if anything) should the landlord charge the tenant?
  • 08-27-2014, 09:28 PM
    adjusterjack
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    Quote:

    Quoting Curious_Chicagoan
    View Post

    How much (if anything) should the landlord charge the tenant?

    Exactly the amount of money that it costs to repair the damaged areas.

    But you do not get to replace the whole house full of flooring.

    If you have to replace a roomful you'll have to deduct depreciation based on the age and useful life of the flooring.

    If you have to repair you get the repair cost.

    Look into having the wood sanded and refinished.
  • 08-28-2014, 02:16 AM
    llworking
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    Quote:

    Quoting adjusterjack
    View Post
    Exactly the amount of money that it costs to repair the damaged areas.

    But you do not get to replace the whole house full of flooring.

    If you have to replace a roomful you'll have to deduct depreciation based on the age and useful life of the flooring.

    If you have to repair you get the repair cost.

    Look into having the wood sanded and refinished.

    I think its iffy as to whether its "damage" vs normal wear and tear. The finish on the floor is over 5 years old. Depending on the quality of the original finish, this could possibly be normal wear and tear.
  • 08-28-2014, 06:08 AM
    adjusterjack
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    I'd go with wear and tear on the first two photos but the third one I'd call damage.
  • 08-28-2014, 07:34 AM
    Curious_Chicagoan
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    They want to sand and refinish the entire 1400 sqft apartment to get rid of the 4 sq ft of chair damage. This would cost $2,650. I am off in thinking that this is totally outrageous, and borderline theft/fraud. How can I owe them an entirely new apartment when my chair scuffed 4 sq ft of wood, in a 1400 sq ft apartment + the rest of the wood was 63 months old anyway so coming up for a refinishing anyway
  • 08-28-2014, 07:39 AM
    Mr. Knowitall
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    I feel for any landlord who rents a unit that has nicely finished hardwood floors. The fact is, almost no tenants apply the same level of care to a property that an owner would apply, so having wet or muddy boots resting on hardwood, not using floor mats to protect entryways, high traffic areas, and the flooring in places where water and debris are apt to end up underfoot (such as a kitchen), and not regularly sweeping and cleaning the floor are apt to result in "ordinary wear and tear" that is normal for a tenant but that few homeowners would be likely to inflict on their own flooring.

    While the damage from the office chair is more "iffy", even in that context I could see a tenant successfully arguing that it's ordinary wear and tear. A protective floor mat is not an ordinary expectation in relation to a tenant's use of an office chair.

    Quote:

    Quoting Curious_Chicagoan
    View Post
    ....the rest of the wood was 63 months old anyway so coming up for a refinishing anyway

    Nobody in their right mind refinishes hardwood floors every five or six years.
  • 08-28-2014, 08:13 AM
    budwad
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    A light coating on lemon oil may make that damage disappear. :D
  • 08-28-2014, 08:23 AM
    Mr. Knowitall
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    The damage in the first two pictures appears to be the penetration of water and dirt between the floorboards, along with some surface scratches. The damage in the third picture reflects the loss of finish, such that there is a considerable area of bare, exposed wood. Lemon oil won't fix either.
  • 08-28-2014, 08:54 AM
    puppybreath
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    I see normal wear and tear in all pictures. the water seepage and finish loss from the chair is because the flooring was either prefinished (suggested by the number of short stubby pieces) or very lightly finished after installation. The finish is intended to wear instead of the wood.
    As mentioned earlier, it would have required exceptional care on the part of the tenant to avoid damage to either. Wiping your feet, cleaning up spills etc is 'normal and expected' providing slippers for guests and installing a protective layer on the floor would be exceptional.
    Damaged areas need to be sanded to bare and refinished, then 2-3 more coats applied to rest of floor. But I don't feel tenant should be responsible for damage resulting from the 'economy' of the property owner.
  • 08-28-2014, 12:15 PM
    adjusterjack
    Re: Landlords/Renters - Who Should Pay What for This Floor Damage
    Quote:

    Quoting Curious_Chicagoan
    View Post
    They want to sand and refinish the entire 1400 sqft apartment to get rid of the 4 sq ft of chair damage. This would cost $2,650. I am off in thinking that this is totally outrageous, and borderline theft/fraud. How can I owe them an entirely new apartment when my chair scuffed 4 sq ft of wood, in a 1400 sq ft apartment + the rest of the wood was 63 months old anyway so coming up for a refinishing anyway

    Then be prepared to fight it out in court.
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