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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100429
Experience:  Lawyer
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We rented a home 3 years and when we moved out every

Customer Question

we rented a home for almost 3 years and when we moved out every thing in the home was cleaned the windows, floors , walls touched up nail holes filled just like we found it. however our portable air conditioner in the bed room had leaked some water on the refinished hardwood floor, which we were not aware of because it was under a rug. This is a 50 yr old house on a street where many of the home are being sold for lot value and home removed. when we moved out I call my home insurance company to put in a claim to have it repaired only to find that tenant insurance does not cover the physical home because the owner must have home and property insurance on it.
Now the landlord is suing me for 3500.00 to refinish the bed room floor. He keeping the $900.00 damage deposit and will not return my post dated rent check for 2000.00 for the next 9 months, what should I do?
Do I have a case here or should I pay him?
Submitted: 2 years ago.
Category: Canada Law
Expert:  NonEstateEsq replied 2 years ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you this morning.
First, in what state was the rental?
Second, did you do a walk through with the landlord before moving out?
Lastly, why does your landlord have a postdated rent check for the next 9 months?
Customer: replied 2 years ago.
bc Canada.yes we did a walk through and he did not seem to consirned with the floor.yes he still has my checks
Expert:  NonEstateEsq replied 2 years ago.
You put this in the U.S. law category. You need someone in the Canada Law category. I will ask a moderator to move this into the proper category.
Customer: replied 2 years ago.
please move this to a Canadian lawyer thanks
Customer: replied 2 years ago.
will a Canadian lawyer contact me?
Customer: replied 2 years ago.
thank you
Expert:  Debra replied 2 years ago.
Was a final inspection done when you moved out?
Were the floors in bad shape where there were no rugs?
Customer: replied 2 years ago.
No as I mentioned in my original statement the forest had all been refinished so they were like new when we moved in and there were no drugs over the area in the bedroom where we put a throw rug next to the bed where the air conditioner was we didn't notice the damage until after the rugged man lift it up
Expert:  Debra replied 2 years ago.
So unfortunately, it does sound like you damaged the floor, which you acknowledge was in brand new shape when you moved in, and so you would be liable in paying for the repairs to the floor. At the same time, that is not to say that you are required to put in a full new floor in that room. But you are responsible for paying so that the floor can be put back into the same condition it was in before you moved in. In other words, the landlord is required to find a reasonable solution, and not the one that the landlord believes is optimal. For example perhaps the floor can be sanded and re-stained rather than replaced.

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