Who is responsible for this damaged wood? Renter vs. Owner?

Question

We rented an apartment and the railing on our back deck is made of dry rotted wood. When we moved in it looked pretty good. The wood is so dry rotted I could stick my finger through the wood. Throughout our stay, from leaning on the deck and other things, the dry rot pushed through and deteriorated. The owner wants to charge us to replace the railing. She says, even though it was dry rotted, it looked good and I have to return it in the condition i recieved it. I disagree. I think i should have a railing that I could lean on etc. like any other regular deck. what do you think

Answer 1

it is the landlords responsibility to keep the house kept up. It is your responsibility to keep it CLEAN and neat, not to replace things they neglected. This is a problem that had been in the works for a long time and is NOT your fault so you should not have to pay for it.

Answer 2

There's no "thinking" about it, Jimmy -asking you to return it as it was is the same as asking you to put the paint back the way it was or to restore the air as it was when you moved in. This is why leases will say, "...tenant agrees to abandon the premises in the same condition as they were when first occupied, REASONABLE WEAR AND TEAR excepted..." or words to that effect. And you can't put rot back the way it was, so you obviously can't be held responsible for it.

Now, to protect yourself you should have witnesses (preferably other tenants of the same building) who will say the wood was rotted and a few sections of the wood itself -enough to show it was, indeed, rotted. This will help if she refuses to return your deposit and the matter gets into court.

If the Landlord agrees that it WAS rotted, then you have an option of some real fun and games: report her to the building inspector and/or health department in your town or county. Don't threaten to do this -actually DO it so you can be around when the inspector arrives (if you're still living there). Now, the landlord has YOU and the authorities to deal with, and the inspector can be called as a witness. Cool.

OK?

Answer 3

No question that the dry rot damage is the owner's responsibility. The landlord needs to realize the financial risk he is taking if someone fell off the deck because of the weakened rail.

Answer 4

This is something that the owner should be responsible for. Dry-rot is not something that happens overnight nor is it something that you could have caused merely by living there and touching it. Owner's of rental property are responsible for the upkeep of the property, your job was just to keep it clean and not trash the place. If you had destroyed the railing yourself then you would be responsible, but dry-rot is part of wood's decaying process and is therefore the responsibility of the owner, not the renter.

Answer 5

This is the Landlord's responsibility, but it would have been better if you'd documented its deterioration or at the very least called it to the landlord's attention before you moved out. Your lease should have some sort of clause that might help clear things up.

Normal wear and tear is usually something that the owner takes care of. If this was a roofing issue due to the affects of weather over time, the landlord couldn't force you to pay for the roof.

You need to take good pictures of the railing so in the event that this turns ugly and you go to court the judge can see that the destruction of the rail was weather related.

Answer 6

the usual lease phrase is 'normal wear and tear excepted' from damages the tenant pays to replace or repair.

dry rot isn't caused by the tenant, just as termite damage isn't -- they are a normal operating risk for the landlord. That makes it the landlord's responsibility.

'how it looked' when you moved in is immaterial. a dry rotted railing is a hazard and landlords need to repair hazards asap [or some day some lawyer will take them for everything in a damage suit.]

and some landlords are very difficult to deal with on things like this. sounds like you have one. prepare to take the owner to court to get your deposit back after you move.


[fearless prediction -- landlord will not renew your lease when it ends because s/he didn't get her/his way on this matter. you fight this by discovering what evidence s/he would accept that'll change his/her mind and presenting that evidence -- but this may be too much trouble to go to.]


GL

Answer 7

takes lots of pictures, even try to keep a piece of the railing with the dry rot, then if she keeps part or all of your security deposit sue her, the dry rot is her responsibility, she is lucky know one fell because of the dry rot

Answer 8

1

Answer 9

i do no longer think of the owner has any duty -- the actuality that they've been his boulders does not rely. you are able to probable agree that it does not be his fault if, for the period of a theft, a robber used considered one of those boulders to break into your mothers and dads' abode. i'm no longer as particular concerning the renters -- there could be some criminal theory by ability of which somebody is to blame for the movements of human beings they invite over against their pals, fairly if it became an extremely rowdy form of social gathering the place issues have been being thrown and this harm became foreseeable. yet i'm afraid no longer-- in analogous situations we does not anticipate to be to blame for all movements of people who we invite over (case in point, in case you invited somebody on your place who became sort of loopy and desperate to circulate on your around the corner neighbor's abode and poison their canine, you are able to sense damaging, yet you does not be legally to blame for killing the canine or for paying for them a sparkling one). regrettably, in spite of the actuality that which you ought to to ask a criminal expert or regulation pupil to be sure, you are able to nicely be out of success -- the neighborly and ethical component to do could be for the renters to pay for some or each and every of the wear, yet their criminal duty is greater questionable.

Answer 10

You have a LOVELY land lord. Contact your local health / public safety authorities and report this condition !! After you do report this condition let your land lord know that he / she can expect an official visit, VERY SOON !! ? Wanna bet thet sumpten do get dun, quek??
Uncle Wil