Since this thread sank like a rock in GQ, I thought I’d rephrase the question here.
Basically, the rubber protectors on the bottom of the legs of my kitchen table and chairs have caused a reaction with the new light grey linoleum my landlord installed last summer, leaving weird yellow stains that won’t come off. This was completely unintentional on my part, and I don’t think it was a result of negligence. I had no idea that this could happen, and by the time I noticed it, it was too late.
It’s extremely likely that the next tenant will put a table in the same spot I have mine, in which case the stains on the linoleum won’t be very visible.
Landlords…if you were in this situation, would you hold back all/part of the tenant’s security deposit over an issue like this?
I am not a landlord (IANALL?), but I have been a renter many times over, in a variety of settings. In my experience, large complexes (or even not so large ones) tend to do some minor renovations between tennants, even if there isn’t much, or any, damage to the place above normal wear and tear. It is likely too that they buy cheap linoleum and carpet in bulk and have rolls of it in storage somewhere so it can be replaced fairly quickly and cheaply. That said, I would imagine the stains you mention to fall under normal wear and tear, not actual damage to be paid for by the deposit. By the response to the other thread, it sounds like a fairly common problem, and I’ve seen some similar spots myself in the kitchens and bathrooms of various apartments. Perhaps that means they don’t even see it as minor damage, and just replace it on a scheduled basis.
If, on the other hand, you rent in a house or a duplex (in other words, from a person, not an agency or business), the situation could go one of two ways: 1) Reasonable landlord who will realize you didn’t cause the damage on purpose or through negligence, and get over it, or 2) Monstrously insane landlord who will see it as damage, plain and simple, and charge you to replace his precious piece of linoleum with another just like it, to be stained again by the next tennant.
Most reasonable people who have any experience with linoleum understand that lesser grades do this when something heavy is placed on it and left - like furniture. To sum up, I vote NO, the landlord will not dock you.
Not a landlord - just a tenant who has fought back in the past.
Three words for you to say to your landlord: “Small Claims Court”.
Landlords all too often think of security deposits as a bonus… If he/she installed new lino that was going to somehow react to rubber and plastic intended to prevent scratching and gouging, it was his/her responsibility to provide you with proper care instructions. Since he/she apparently failed to do so, you would probably win your case in small claims court – you demonstrated good intentions by having such protectors on the legs of your furniture to prevent mechanical damage to flooring.
Tell this landlord that you demonstrated good faith in protecting his flooring from damage. If he/she doesn’t see the light, continue the discussion in front of a small claims court judge.
I’m not certain what the specific laws are in your jurisdiction, but here in Canada the costs of filing and such like can be included in the claim. Since the dollar amount is below a certain threshhold, no lawyers have to be involved.
I worked for a large apartment complex. We did replace the linoleum fairly regularly as it was cheap and made the kitchen look nice. (Believe me the apartments needed something to make them look nice!)
We wouldn’t have charged for it provided that the damage was slight you had lived there for awhile. The damage you describe sounds like normal wear and tear to me.
However, just because we were planning on replacing the flooring doesn’t mean that we should have to. If someone did a large amount of damage to the floor, or a small amount of damage in a short amount of time, they were charged.
Since you noticed the damage I would try to keep it from getting any worse.
You took reasonable precautions to protect flooring. The lino your landlord installed was probably a cheaper grade; common in rentals.
I am a landlady, & would regard this as normal wear & tear, I would not charge for this…statutes vis a vis renters’ rights vary from state to state. Your landlord may try to charge you for replacing the floor. He has had (by proxy) one year’s worth of wear on the floor already, so if he were to try charging you for a whole new floor, it should be pro rated. I think any reasonable small claims court judge would see it that way. IMHO, repainting, general cleaning, carpet cleaning & so on is normal “wear & tear” & I would not think of charging for it. Unless the renter has been there only a few months & trashed the place…
Have you tried removing the stains with toothpaste? Silly trick, but it may work.
I just wanted to confirm missdavis102’s opinion. A reputable management company or a good landlord would see that as normal wear and tear.
I refuse to rent privately because every owner seems to view renting differently, and for some people, the marks on the lino might be a big deal.
In most places I have rented, there have been marks on the lino before I moved in, and in some cases, very small holes. It seems to get changed when the marks and/or holes get pretty bad, and I don’t get charged for that. The carpet as well. There were 5 or 6 cigarette burns when I moved in, and over the course of 4 years, I’ve added a few more. I don’t expect to get dinged for that, and may even still be here when they replace my carpet.
IMHO, anyone who expects immaculate lino after a certain period of renting is expecting too much. You should take reasonable care to protect the lino (do not practice ice skating in your kitchen), but some ordinary marking will occur regardless.
