Posted by Nate on 2/09/07

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While living in a rental unit, my wife and I placed a
doormat on the linoleum floor just inside the sliding
glass door. Apparently, some dye from the mat bled
through and stained the floor. We noticed the stain and
removed the mat about two months before we moved out. The
sun coming through the sliding glass door dried up most of
the stain, but there was still some evidence of it when we
moved out. The linoleum floor appeared to be rather old
(at least 5 years) and already had scratches, nicks, small
tears, etc. in it when we moved in. The landlord got an
estimate for replacement of the entire linoleum floor for
$425 and billed us for it. I don't think we owe him for
the full amount, but rather for a depreciated value of the
floor. Also, I have done some research and found some
case law that indicates that the proper measure of damages
for this situation is the diminution of value to the
rental unit based on the rental value without the stain
and the same with the stain. The cases also say
that "actual restoration cost" is only used if it is less
than the diminution of value. Can anyone shed any light
on this legal issue? Thanks.

Damage to rental unit caused by tenant, 2/09/07, by Nate.

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