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CA, what is resonble were & tear?

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  • CA, what is resonble were & tear?

    Im LL from LA, my tenant is there less then a year & she's moving out soon, i noticed this week when i was at the apartment that she hang pictures ALL OVER THE PLACE! probebly i'm gona have to re do the whole apartment, block the hols & repaint. the apartment is 1800 SQ F!!!
    is that considered were & tear? how much should i charge her?
    also 3 weeks before she moved in, we got a whole new kitchen include travartin floors, i noticed huge hole in the floor, is that were & tear?
    she is tenant from hell!!
    please HELP!!!

  • #2
    Re: CA, what is resonble were & tear?

    I wish to inform you that cause of damage of anything will be considered. If your house at any place has got damaged without any fault of tenant then it can come under wear and tear. Wear and tear is generally the damage to any premises with the passage of time. If damage has been done because of any act of tenant then tenant is liable to compensate you for the loss. If there is a huge hole then you can ask the person who had performed work in kitchen to ascertain cause of such hole. If hole is deficiency of that persons work then he must compensate you for the loss otherwise tenant can be held liable for the hole.

    AFF

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    • #3
      Re: CA, what is resonble were & tear?

      Originally posted by SAMALFRED View Post
      Im LL from LA, my tenant is there less then a year & she's moving out soon, i noticed this week when i was at the apartment that she hang pictures ALL OVER THE PLACE! probebly i'm gona have to re do the whole apartment, block the hols & repaint. the apartment is 1800 SQ F!!!
      is that considered were & tear? how much should i charge her?
      also 3 weeks before she moved in, we got a whole new kitchen include travartin floors, i noticed huge hole in the floor, is that were & tear?
      she is tenant from hell!!
      please HELP!!!
      Ordinary wear and tear means deterioration that occurs without negligence, carelessness or abuse of the premises, equipment, furnishings or appliances by the tenant, a member of his
      household or other persons on the premises with his/her consent.

      When renting properties, LLs usually expect a few small holes from hanging pictures. More than a few, or LARGE holes, would be considered damage. As for what to charge for that, I would suggest getting a quote from a handyman for what they would charge to fix them (materials plus labor). If the damage is excessive, then you should also ask for a quote for repainting on that area where the damage occurred.

      As for those travertine floors, if they were new when the tenant took possession, and there's a hole in there now, that's damage - and you are entitled to charge whatever it costs to repair the damage they caused.

      For future reference, there is a list here that tells you the difference between what's normal wear and tear, and what's considered damage: Wear and Tear Vs. Damages
      (link included for informational purposes only, and is not intended as an endorsement of the specific website or organization).
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: CA, what is resonble were & tear?

        Agree, if she damaged the floor she is liable for the repair. If she left several picture holes, a few hours labor max is all that is required to spackle and smooth. Whether the walls needed repainted or not, depends on when the last time they were painted was.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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        • #5
          Re: CA, what is resonble were & tear?

          Originally posted by SAMALFRED View Post
          Im LL from LA, my tenant is there less then a year & she's moving out soon, i noticed this week when i was at the apartment that she hang pictures ALL OVER THE PLACE! probebly i'm gona have to re do the whole apartment, block the hols & repaint. the apartment is 1800 SQ F!!!
          is that considered were & tear? how much should i charge her?
          also 3 weeks before she moved in, we got a whole new kitchen include travartin floors, i noticed huge hole in the floor, is that were & tear?
          she is tenant from hell!!
          please HELP!!!

          Nail holes if they are extensive can require not only patching, filling but an entire repaint. No, it is not considered ordinary wear and tear to put holes in the walls and not repair them. There are plenty of picture hangars on the market that one can use that do not require nails and can be removed without removing the paint.

          Of course a hole in travertine tile is not 'ordinary wear and tear.' Manufacturers will tell you their travertine tiles should last 30 years or more under ordinary use.

          Presumably you got enough of a deposit to cover the damage. If not, you can seek the difference in small claims court.

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