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Posts: 8
Reply with quote  #1 
I have a tenant moving out at the end of the month. They had 2 legal dogs. The kitchen floor is wood and was brand new before the tenants moved in. I told the tenant I would need to refinish the floor for scratches. He suggested that is normal wear and tear.

Posts: 3,817
Reply with quote  #2 
You have found the one most disputed issue between LLs and tenants!  Generally, I define Wear & Tear as the normal, expected deterioration of a unit based on the number of people and pets who were authorized to live there, taking reasonable and careful use of the premises for the period of time that they lived in the unit.  Anything beyond this is damages.

So is the deterioration reasonable based on the pets?  Depends.  What size were the pets?  Does it look as if this came from the tenant's failure to maintain the floor or to keep the pets nails trimmed?  Would this amount of damage been seen had they taken better care of the floor or kept those pets' nails trimmed?  Did you have a pet deposit or pet rent?  How deep and extensive are the scratches?  Are they minor that could be hidden with some scratch coat product, or do they extend deeply into the floor.  (You have just learned one lesson here - dogs can do a number on wood floors, especially new floors which are softer wood than old ones.)

Only you can see the damages to determine if these are w&t or damages, but hopefully this has given you an idea of what you must use to determine it.

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