Discovered significant damage after returning tenants' security deposit
Hi, We have been renting an apartment in Washington Heights to the same tenants for a few years. We asked them to move out at the end of their term, did a walk through, saw no damage, and returned their security deposit. Then we screened the floors and put new polyurethane on, to spruce the place up for sale, and in the course of doing this discovered that major areas of the floor have been destroyed by cat urine. The poly was eaten away and so when the light sanding (“screening”) went over those patches, it took the stain off on the next layer down. We can’t match the color of the unstained spots to the old stain, and the floors are too old to sand down entirely and re-stain. (according to my contractor though I will look for a second opinion). Do I have any recourse with our tenants? We had a perfectly fine relationship with them, though they have been cheap w us in the past, threatening to leave over a pretty minor rent increase, but we let it go because we had too much else to handle at the time. But now I think we are going to have to rip up the floors and put ew floors down. We are people, not a management company, and this is going to be a major hardship for us. Thoughts??? Thank you.
elm_bk
in Real Estate - Rentals 11 years and 1 month ago
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9 replies
anotherposter | 11 years and 1 month ago
If you’re going to rent it out again, I wouldn’t replace the floors over some stains. Just get it stained as best you can and you can still boast of a place with hardwood floors. I’d rather have stains than splintered wood.
Putnamdenizen | 11 years and 1 month ago
I don’t see that you have any recourse. I am about to have tenants with a cat move out, so I guess I will look for similar damage. Even if I find it I think I would only deduct the cost of a sanding and refinishing. Hard to see how you can ask tenants to pay for what is essentially a floor on its last legs. If it wasn’t the cat it would have been someone in high heals or work boots. (BTW I read the tone of your post in the similarly negative way others did, for what that is worth. Sounds like this is very stressful to you…)
daveinbedstuy | 11 years and 1 month ago
I f your “contractor” is just a GC, get an opinion from a real floor guy. I recommend Jose…917-355-7977
ventilated | 11 years and 1 month ago
I read your post the same way that brokelin did, especially “cheap with us,” and also notice that what you’re writing now is different than your post from a week ago. http://brownstoner.staging.wpengine.com/forums/topic/hardwood-floor-botched-screening/ The truth probably lies somewhere between you, your contractor and your tenants. Who knows whether you used a competent contractor or whether he’s covering his own errors. Who knows why you’re ignoring the excellent advice of Tinkerswagon in reply to your previous post. Since you’re selling the apartment, either figure the cost of new floors into the listing price, or discount the work for the next owner. Take responsibility for your own actions and move on.
dorkofwindsor | 11 years and 1 month ago
even if you took them to small claims court (because no sane person is going to pay back that money) the thing that will be hard for a judge to swallow in a tenant friendly jurisdiction is that you did a walk through and returned the deposit. as a landlord, you did your due diligence and sided with the tenant. If it makes you feel any better, your rental property will take a beating very quickly anyway, so a new floor is still an investment in the future (well, future tenants messing up the new floors anyway). having said that, I would find another person who will sand the floors lightly and match the stain. find someone who can match a stain. Many contractors can’t do it well and would rather have a big job than a small one that they are likely to fail. FWIW I think that is your main problem here.
elm_bk | 11 years and 1 month ago
Hi, Thanks for your thoughts. I will look in to oxalic acid, I know nothing about it. To brokelin, you have a surprising interpretation of my question. I used “threatened to leave” the way people say “threaten to rain” – no one was forcing or expecting them to stay, rather I am describing that we have had a good relationship with them over the years, because they were reasonable and so were we. But they do not have deep pockets, and neither do we. Because we are people, not managing agents, trying to survive through a lousy real estate market in uptown manhattan. Your rancor is misplaced, but as this is the internet you are at liberty to rail against me as you see fit. And for the record, we did not allow pets, they snuck them in. Thanks again for productive suggestions.
brokelin | 11 years and 1 month ago
Wow, if you have an issue with a tenant saying they may move when the rent is increased, and call that “threatening,” I’m surprised… it is a business negotiation, a lease and the rent, and they have the right to “leave” if they don’t want to pay a rent increase. Yes, you are acting like people who think they have the right to make people “stay,” which right you do not have. Deal with it. You need to act like managers of a rental property that you are. If you are going to allow pets, this is what you risk getting with that policy, and should price accordingly. Also, did you do the floors right before they moved in? Because, if not, you may be looking at floor stains from many years of pets from many residents of the apartment.
Arkady | 11 years and 1 month ago
I don’t think you have any recourse w/ the tenants. Have you tried oxalic acid on the stains?
GreenThinker | 11 years and 1 month ago
Nothing you can do now, going afford put in a no pets policy.