what is normal wear and tear of moving out of a rental,

Question Details: the counter top is laminate(kitchen),on one side of the counter top there was a gap between the laminate and it was like that when we moved in,the gap began to raise up it is right next to the sink our landlord is charging $456 to replace it .we screwed in a a baby gate, we filled all holes with spakle and repainted them,we are gettin charged for that,we have wood fl in kitchen they were 10yrs old a pc missing and one pc that was coming up got broke out.,we filled it with putty and repainted it,she charged $300 to fix the fl. the 1st hole was there 2nd we did do to the fl coming up.

Asked 7/23/2009 under Real Estate | 474 View(s) | More Legal Topics

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Real Estate Law Answers

There's no hard and fast rule. The general guidance is that you should not be charged for normal wear and tear--stuff that just happens over time from anyone living in the space.

In this case, you definitely drilled holes, and the landlord is not obligated to accept  your repair.

A piece of flooring was broken up while you were there so it's not unreasonable for the LL to think you had something to do with it and she did not like the fix you made. Therefore, she has to fix it, and if fixing it, would presumably fix the whole floor.

Laminate countertop peeling next to a sink is inevitable over time, especially if you could show photos or other evidence thaht there was a gap when you moved it.

A reasonable guess would be to try to settle in the middle--fight paying for the countertop, on the grounds that was normal wear and tear, nothing you did, but pay for gfixing the holes and the floor.

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