All Forum Posts by: Wesley W.

Thanks to those that are offering constructive suggestions and feedback.

@Nathan Gesner  the spot is actually in a high traffic area right in the doorway between the living room and this bedroom (same continuous sheet of planks).  It is indeed next to a wall/doorway, but that wall unfortunately contacts the SHORT ends of the planks, so unless I am going to cut away some tongues on the planks, I need to go to the nearest wall that parallels the long ends.  But yeah, I'm picking up what you're putting down - charge for the planks and labor - HOWEVER those style planks are no longer available, so I am not able to have the work done, apart from replacing the entire floor.  That was really the issue from my OP.  How do I charge for "depreciated life" of the floor if I am not able to repair the area?

 It's in a bedroom, caused by the placement of a dog's water dish.  Truth be told, I have some extra planks, not sure if I have enough to replace all of the damaged ones, but in this case it's not a "dye lot" thing - the style/pattern of the planks are no longer made by the manufacturer.

The cost for replacing the one room would far exceed the tenant's security deposit.  I'm just not sure a NY judge would agree that replacing the entire floor would be justified.

 You did not read all of my post, sir.

Hey BP!

Here's one for you.  Tenants moved out and there is water damage to several planks of the Pergo laminate floor that was newly installed just before they moved in 3 years ago.  The seams between the planks have swollen, and I know from experience that this will dramatically shorten the usuable lifespan of the floor, as the corners will soon begin to delaminate and chip.   Obviously, tenants are responsible for this damage and will be billed accordingly.

Here are some dynamics that are making my accounting of a charge a bit challenging.

(1)  For those not familiar with these products, replacing damaged planks requires the removal of all the courses of flooring from the nearest parallel wall.  This is very labor intensive.

(2)  The particular color of the floor is no longer available, even from third party vendors.  So, even if I wanted to replace the planks, the preceding prohibts that as an option.

My position is that this damage has dramatically shortened the life of this new floor.  I do not think it is reasonable to charge them for an entirely new floor in this area (about 375 sq ft.) and I am sure a NY judge would throw up all over that attempt, but on the same token I am concerned if I charge for the damage, but "don't have the work done", a judge will say it's betterment and will deny the charge.

My questions:

(A)  How would I arrive at an equitable charge for this damage that will cause for flooring to prematurely fail?

(B)  How would I navigate the tenant-friendly court proceeding that will almoist certainly follow, given that the damaged planks will not be replaced?

I know for other items, judges typically pro-rae the value based on the remaining life expectancy of the appliance/improvement, but in this case it seems that would be a bit complex.  I have not had to deal with this situation in my tenure, but I am sure some of you have, so I would really appreciate the guidance.

Here in NY, many properties will not cash flow at the 1% rule due to high taxes and other expenses.  The 2% rule worked at one time, but it's no longer viable in this market. I look more closely at anything above 1% and see if there is a value add opportunity to bring it into a reasonable yield for the risk.

Unfortunately, the NOLO books are sadly out of date for NYS.  New York has rewritten many applicable statutes of the RPAPL in the last few years, and the legislature is back at it again in this new session as there a still few remaining property owner rights that need to be stripped away and given to the tenants. ;)

@Pat Caruso Happy to network with you regarding landlording resources.  Feel free to reach out.

As always, Nathan is giving you the information you may or may not want to hear.

With respect, based on your comments it sounds like you are letting emotions get in the way of running your business.  If you want to have this rental property "on the side" and offer philanthropy at your discretion as a way of giving back, go for it - that's an appeal of operating your own small business.  But if you are relying on business revenue to feed your family and stay solvent, like many of us are, all those personal dynamics are not applicable.  Yeah, inflation's a b*tch.  Propping up the economy by printing a trillion dollars will predictably do that - but both your personal and business costs have increased as well (at least mine have) and that's a fact of life.  I rent to adults.

Directly to your comment - I would never modify my business operations and systems for a tenant.  If you have just one exception to your system, you no longer have a system and you lose that efficiency for your business.  The entire western world of real estate operates on a cycle starting on the first of every month.

Here's mine.  You should probably run anything by an attorney, regardless.

SNOW REMOVAL: Within 24 hours after the cessation of a weather event which has produced an accumulation of at least three inches of fresh snowfall, we will attempt to remove excess snow from walkways, driveways, and sidewalks. Snow and ice removal from walkways, sidewalks, steps, driveways, and parking lots, by us is a courtesy only and is not guaranteed unless otherwise specified in writing. It is your sole responsibility to clear snow and/or ice from the stairs, steps and deck leading to and from the entrance(s) of the Rental Unit, as well as other areas within your control. Salt is provided and should be used by you when merited by slippery conditions. You are aware that the walkways, sidewalks, steps, driveways, and parking lots may be slippery especially during winter months based on weather conditions. Even if the walkways, steps, driveways and parking lots have been shoveled, plowed or treated with salt/chemicals, you understand that slippery conditions often appear without notice and are not visible. You and your guests/invitees agree to release and hold Owner and his Agent(s) harmless for any damages or accidents caused by and/or related to inclement weather conditions.

Not sure, but it never hurts to ask. ;)

I've got to disagree with some that posted here and I think those folks are misreading the OP's situation.  @Nathan Gesner saw what I saw.

Somewhere in that contract (and/or based on local/state statute) there is language on "notice to terminate."  I would use those parameters to legally terminate the old lease and at the same time (at your discretion) offer them a lease of your own with terms you deem favorable to your business model.