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Deduction for Damaged Hardwood Floors

Asked over 2 years ago - Los Angeles, CA

Tenants caused damage to the hardwood floors in the property. I talked to several hardwood floor specialist and each one said the floors needed to be completely re-sanded or replaced because of the exotic wood/coating of the floors. The damage (gouges, scratches and dents all over) cannot be fixed individually. To re-sand or replace would be very expensive. Re-sanding and replacing do not seem realistic as the tenant would not be able to pay such costs even if I sued her for it. The security deposit would not cover the cost of re-sanding or replacement. How do I get compensated for the damage from the security deposit if I cannot financially pay for the repairs and the tenant will not be able to pay for the repairs beyond the amount of her security deposit?

Thank you!

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Attorney answers (1)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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The tenant is responsible for damage to the rented unit, and you can deduct the cost from the security deposit. But you state that fixing these floors costs more than the security deposit. For damage in excess of the deposit, you state the tenant, even if sued, can't pay, and you state you can't pay for it either.

Have you got homeowner's insurance? If not, it doesn't sound like you'll be compensated for thsi damage and it doesn't sound like you can afford to keep this amenity in this unit. You probably need to replace the hardwood floors with carpet or tile or something else that your tenant's security deposit and you can afford to replace.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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