# Should we worry about this damage?



## tavogl (Oct 1, 2014)

Hi,

Wife and I rent a main floor suite in a large house, landlords live upstairs on the main house. We recently noted this damage to the floor caused by wet shoes left on floor overnight by mistake, it affected 2 floor tiles. We take care of the place as if ours and we are very frustrated for causing this, we always pay rent a few days before the day agreed and never had issues with the landlords, they are very nice people so far and we've been here for 1.5 years and do 6 months agreements (it's their choice). We will notify landlords tomorrow of the damage so they are aware of it. Should we be worried about it? should they take our rent deposit? ($550) for this kind of damage? any comments from landlords or renters experiences would be appreciated.


----------



## cedebe (Feb 1, 2012)

Looks relatively minimal to me. Personally, I'd consider it along the lines of wear and tear upon moving out. 

I'm a renter as well and spilled black shoe dye on my bathroom tiles, standard commercial vinyl tile, and told building management about it. They're not overly concerned at the moment. Prior to moving out, I'll likely replace all the tiles in the bathroom... I've already purchased them... just need to find the time to do it. Upon doing so, I don't anticipate a deduction from my damage deposit as I've essentially improved the bathroom floor. Mind you, I live in a bad neighbourhood so tenants like me are a godsend compared to most of my neighbours.


----------



## Just a Guy (Mar 27, 2012)

Hard to say, some landlords would make it part of the damages, some won't. A case could be made either way. The cost to repair something like that would probably be less than $550, especially if they have leftover flooring, so they wouldn't take the entire amount if they decided you were responsible.

The only way you'll find out for sure is once you tell your landlord and see how they react. It's a individual thing, not something which will be answered on an anonymous message board.


----------



## Ag Driver (Dec 13, 2012)

Deleted


----------



## sags (May 15, 2010)

In Ontario damage deposits are illegal. Landlords can document the cost of damage and send a bill to the tenant after they move out.


----------



## Ag Driver (Dec 13, 2012)

Deleted


----------



## tavogl (Oct 1, 2014)

sags said:


> In Ontario damage deposits are illegal. Landlords can document the cost of damage and send a bill to the tenant after they move out.


Hi, sorry for not mentioning it before but we live in Vancouver, British Columbia. Rent deposits are legal here, it's also a legal main floor suite, meaning separate entrance, hydro meter, completely legal unit. We will show the damage to the landlords soon and will post their reaction, hopefully this is nothing to worry about.


----------



## Mukhang pera (Feb 26, 2016)

Hard to tell from the photos, but the flooring looks like lino tiles. It also looks like 2 have started to raise slightly along one edge, perhaps where a bit of water has penetrated the adhesive. Pretty minor stuff. Almost not worthy of the descriptor "damage". 

B.C.'s Residential Tenancy Act, s. 32, provides, in part:

(3) A tenant of a rental unit must repair damage to the rental unit or common areas that is caused by the actions or neglect of the tenant or a person permitted on the residential property by the tenant.

(4) A tenant is not required to make repairs for reasonable wear and tear.

From what I can see here, the matter is borderline between (2) and (3). I tend to see it more as reasonable wear and tear. A lino floor should tolerate some dampness without curling or lifting. In any event, an easy fix if the L/L has a few spare tiles.

Were I the L/L in this case, I would probably not make an issue of it. I would apply the maxim _de minimis non curat lex_ - the law does not concern itself with trifles. Of course, if the L/Ls want to play hardball, they can simply withhold all or part of the security deposit at the end of the tenancy, forcing the tenants to file a claim with the RTB, paying the filing fee of not less than $100. Many tenants won't bother. And with good reason. The quality of justice before that tribunal is marginal, compared with its predecessor, the Office of the Rentalsman.


----------



## Eder (Feb 16, 2011)

If wet shoes caused that then the owner should learn to use proper adhesive. No way is that floor installed correctly.


----------



## tavogl (Oct 1, 2014)

Mukhang pera said:


> Hard to tell from the photos, but the flooring looks like lino tiles. It also looks like 2 have started to raise slightly along one edge, perhaps where a bit of water has penetrated the adhesive. Pretty minor stuff. Almost not worthy of the descriptor "damage".
> 
> B.C.'s Residential Tenancy Act, s. 32, provides, in part:
> 
> ...


Thanks for the information, my wife tends to agree that it's wear and tear, for me, it's more in the borderline side, I think it could happen, but it shouldn't.



Eder said:


> If wet shoes caused that then the owner should learn to use proper adhesive. No way is that floor installed correctly.


You made a good point here.


----------



## Mukhang pera (Feb 26, 2016)

I think Eder and I are on the same page. He said:



Eder said:


> If wet shoes caused that then the owner should learn to use proper adhesive. No way is that floor installed correctly.


I said:



Mukhang pera said:


> From what I can see here, the matter is borderline between (2) and (3). I tend to see it more as reasonable wear and tear. A lino floor should tolerate some dampness without curling or lifting. In any event, an easy fix if the L/L has a few spare tiles.


I said a lino floor should be able to withstand some dampness. Perhaps not a flood. Simply leaving wet shoes should not result in damage. If that's what occurred, then I remain of the view that it's more of a normal wear and tear issue, not a tenant neglect issue.


----------



## tavogl (Oct 1, 2014)

Landlords came to see the damage, they basically laughed and said not to worry about it, they did appreciate us letting them know. They also said they are building a storage room for us to store our bikes  we were worrying a bit too much I guess.


----------



## mikep (Mar 13, 2017)

I'm a landlord. I'd laugh too and you'll end up with either $50 or a bottle of something at Christmas. Consider yourself a blessing for your landlord. I could type out a list of **** tenants have done to me and my properties for the next hour and a half. If you take care of a place as if you owned it that's the best someone could ask for. **** happens and that was nothing.


----------

