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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36626
Experience:  16 years real estate, Realtor. Landlord 26 years
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I signed a very strict lease here in California. My landlord

Customer Question

I signed a very strict lease here in California. My landlord spent a lot of money on wood floors and said we couldn't use vacuum cleaners and had to lay rugs down on all walking areas.

I did not carpet one area because I couldn't fit a rug under the door. I did pass a vacuum on the floors, simply because it is impossible to clean rugs without one, and it is difficult to get the vacuum from rug to rug without touching the floors.

It is not determined what caused them, but there are some scratches and dents in the floor. My landlord wants me to pay to have the affected areas replaced.
1.) These floors are very poorly reviewed, and even women's shoes can dent them. You can see the reviews here:
http://reviews.homedepot.com/1999/100606046/high-gloss-santos-mahogany-5-8-in-thick-x-3-1-2-in-wide-x-35-1-2-in-length-click-lock-hardwood-flooring-20-71-sq-ft-reviews/reviews.htm
2.) Given that these floors scratch and dent easily, would this be considered standard "wear and tear"? The next tenants did not notice the scratches or dents until he pointed them out, and it has not affected how much he charged on the lease.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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2.) Given that these floors scratch and dent easily, would this be considered standard "wear and tear"? The next tenants did not notice the scratches or dents until he pointed them out, and it has not affected how much he charged on the lease.
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The fact is that floors are meant to be walked on and used. Sweeping and vaccuuming are normal and typical activities that occur on them as well. With that said, if the landlord installed defective flooring that was too soft to be suitable for its purpose, then the landlord should take this up with the manufacturer of the flooring.
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With that said, as long as you were using the floors as a normal floor would be used, any scratches or dents would be considered normal wear and tear and you could not be held liable for any wear that is typical with these type floors.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  Barrister replied 4 years ago.

Hello again,

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I noticed you rated my service as "bad" and am a bit confused since the answer was in your favor legally.

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Did you have further questions or need clarification on my answer?

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Thanks

Barrister

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