Hey Reddit fam,
This is my first post here and a very important one as I want to save a few hundred euros.

I lived in my apartment for 3 years. Took great care of it. Handed it over to the landlord last month. They pointed out a white scratch on the floor under where the trashcan was placed. In the bedroom there were light scratches on the floor due to a pull out drawer with wheels.

Now, I am due almost 600€ as they will sand it after 12 years and have calculated the cost as per the lifespan of the floor. I don’t think I should have to pay for it because first, they are very minor and should fall under normal wear and tear. There is no other problem with the apartment so why am I being charged for sanding the entire apartment.

Please help reddit, here is a screenshot of the email. How can I refute the claims? Also, should I refute them or is it better to pay?

by EgglessCactus

12 comments

  2. You do not have to pay for regular wear and tear. They should have budgeted for this expense

  3. What I dont really get:

    Was the wooden floor new, when you moved in, or has it been inside for 9 years +?

    Parkett has a Lifespan of 12-20 years, depending on verdict by different courts (12-15y, 15-20y). (LG Wiesbaden, WM 1991, S. 540; a.A. AG Köln, WM 1984, S. 197).

    If it was new, it depends whether your landlord can proof, that the damages go above normal use (LG Görlitz 2. Zivilkammer, Urteil vom 9. August 2000 , Az: 2 S 4/00), then his math isnt that wrong.

  4. Depends. Stains because of misplaced trash bags is not normal use. 4 scratches in the bed room depend on the severity.

  5. Show this to a lawyer and they will laugh at your landlord for wanting the entire(!) floor that is 2.5 years old(!) sanded. If he was so afraid of scratches, he shouldn’t have installed parquet. There’s a reason it needs sanding after about 10 years.

    Even if the damage was really really bad, he could only charge you for the floor in the damaged room. Scratches in the bedroom don’t mean everything needs replacement.

    If you have a Haftpflichtsversicherung, you could take it up to them. BUT I would just ask for an actual quote by a professional and not some numbers he could have pulled out of his ass. At the latest if you do ask a lawyer or the insurance they will want a proper quote.

  6. They’re not saying you need to pay because they may have to sand the floor after twelve years. They’re saying that you placing garbage bags on the floor has stained them, and they want you to pay to repair the damages, taking into account the time adjusted value of the floor. 

    If you really did stain the floor, that’s not regular wear and tear, particularly if the floor was brand new. 

  7. Here is the image link of the floor which got scratched due to the trashcan
    [https://postimg.cc/XpYX6bDN](https://postimg.cc/XpYX6bDN)
    (could not edit the original post so adding as a separate comment)

  8. Why they’re sending you the bill for 9 Jahre Restnutzungsdauer if you’ve lived there for three?

    And no, I wouldn’t pay that. They’re sanding the entire apartment for three scratches from your bin? That doesn’t make any sense.

    I would put in writing that you respectfully decline because the invoice is false and there’s no need to sand everything down, the rest is wear and tear.

  9. 1) don’t sign anyrhing
    2) don’t pay anything
    3) go to the Mieterschutzbund, they will find a solution suitable for your needs.

  10. First of all, the message says that the polishing of the floors is calculated regularly as once per 12 years. The landlord means that you did enough damage in 3 that this is required, hence you’re asked to pay for 3/4 of the cost.

    Nobody here can say if that’s the case or not. Ive had landlords on both sides of scummy, so I can’t say.

    Based on the picture… it’s a wash. I’ve lived in my current place for over five years and there are no such marks, but I also have my trash cans in drawers that are easily wiped.

  12. From my opinion, the calculation itself is correct and the landlord might have rightful claims IF the floor is heavily damaged. To me, the floor on your picture hardly looks damaged.

    To be sure, you should ask the Mirterschutzbund oder Mieterverein. The will be able to give you more profound advice and might help you with legal actions if necessary.

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