Posted by
cookie09
15 yrs ago
i don't think so. people have tons of acidic products in a bathroom and the leakage of one is common in that area. if you put in marble that cannot stand this impact, then i would say wear and tear
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Gosh it's a tough call - but I think if I were the tenant, I would argue it's wear and tear.
If you feel strongly about it, you are allowed to take out money from the security deposit. You could just do that, and then the onus would be on the tenant to contest it. You might be lucky and they'll just not bother. If you're only planning to take out HK$1000, then if I were the tenant, I probably wouldn't bother to argue, even if I did disagree.
I had the same issue with my flat. The tenants totally ruined the floor in the lounge room - big scratches all over it. But I felt that the floor is cheaply made, not full wood - just that vaneer wood. Because I was going to get it re-sanded and the contractor told me this type of floor can only be replaced cos it's not solid wood.
Also, one room had lots of little holes in the wall from hanging stuff. I mean - everywhere. It was the kid's room, so there must have been nearly 100 little nails etc in the wall. No exaggeration. The wall didn't bother me because replastering and painting would have cost the same no matter how many little marks everywhere. But what could I do about the floor?
Good luck... why not just tell them you're taking money out for some cleaning/repair work in the bathroom.
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frankly if you put marble into the bathroom, then your rental must be 30k or more. for such a rental, i would argue for wear and tear out of principle (if i were the tenants).
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principle of 1k being in no relation to the rental paid over a full year
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well, seems you only want to hear what suits your case. so be it.
personally i think you are ruining the reputation of landlords out there, but it's a free world out there
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Hi PPB,
What do you mean by the "defense argument"?
Having looks at people's responses, I think it's correct to call it wear and tear. It's not like there's a massive section that's been broken off, which would be difficult to do with marble. Staining is easy to occur.
Like I said before, you could try getting the money... then the onus is on the tenants to argue the point. I would imagine they would have to take you to the small claims tribunal and they may think it's a hassle for just $1,000. But in all fairness, I think the arguments here would suggest it's wear and tear and you can recoup these costs through your rental.
If you were to put yourselves in your tenants shoes... and imagine that not everyone is super clean and tidy... how would you feel about this situation?
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I'm a landlord and here's how I treat 'wear and tear'... if anyone is interested. I take the view that there is a reasonable chance of the apartment being trashed so firstly I sent the rent at a reasonable (some would say cheap) level to encourage the tenant to stay in the apartment. If I can get the tenant to stay for 4 years then it is nearly always necessary to renovate anyway. Therefore, keep the fittings simple and inexpensive (but not cheap). Ban pets and try to to let to a smoker as you'll definitely have to repaint to get rid of the smell.
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PPB, if you're really fussed about it, why not consult a lawyer and know for sure? Otherwise any advice you receive on an Internet forum is worth no less than exactly what you paid for it.
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I agree with walkup2. Sounds like damage rather than wear & tear and I would be inclined to charge for it.
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