Legal Question in Real Estate Law in California

Rental - Damaged Floors

My renter allowed plant pots to leak & damage the hardwood floors stripping the finish and staining the wood. To fully refinish the floor would have cost $1300 but I had it repaired/recoated for $531 which I deducted from her deposit.

She now is threatening to sue in small claims saying that she is only liable for 25% of the cost due to 3 years out of a 4 year useful life having passed since the floors were last refinished. Prior to this the finish had lasted over 8 years.


Asked on 8/10/01, 10:51 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental - Damaged Floors

This former tenant's argument is faulty and a good small-claims judge should reject it.

Consider, for example, when someone bumps your ten-year-old car and the dent costs you $1,000 to repair. The insurance company will cough up the whole $1000 and not cut it in half because you've already got 1/2 of the service out of that sheet metal and paint. (I'm talking about HONEST insurance companies, of course!!!!).

Small-claims results are unpredictable, however, because claimants lie and not all the judges are competent in all areas of law.

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Answered on 8/10/01, 5:14 pm


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