How to handle this mark left by tenant on kitchen slab?

12 comments

1. You handle it however you want to handle it. You either let it go, or have the tenant fix/replace the countertop.

2. I mean. You would have the deposit right ? Hold it back, get it repaired and deduct the charge if you want to

3. If the slab is wood through and through, sand the whole thing down and re-varnish

   If it’s just a melamine, the laminate *may* withstand some sanding, but probably will show.

4. Make them pay for new slab from deposit money. Duh. It is not a charity.

5. looks like you used the cheapest possible material for the counter top and now your tenant has damaged it. but good news! you can still make the tenant pay for it. maybe replace it with a decent quality material next time?

6. How old is the countertop?

7. Two Options:

   On a practical level you could just keep the kaution.

   Your tennant can still argue the damage is normal expected wear and tear. Wich is legally correct. Who has to pay for it then basically relies on who gives in first. Most of the time that is the tennant. But they technically could escalate until court, and they likely would win.

   Otherwise, realistically doing nothing is the cheapest option.

   First calculate the “Zeitwert”, the value the countertop is still worth. Countertop (not the whole kitchen) plus part of the installation cost minus ca. 24% for the first year and 5% for the following years.
   That is roughly the maximum amount of money (if any) you can expect to get when staying lawful. Either from your tennant or their insurance, if they have one.

   Compare that with how much replacing the countertop will cost you. Money _and_ time. (Taking the money without doing the actual repair is legaly kinda iffy, I believe. But I am not sure on that one.)

   And then ask yourselve how much the next tennant will actualy mind that minor defect, when they know they whon’t be hold responsible for it when they move out.

8. I’m gonna play devils advocate here and say you have to live with it. It is a kitchen top, so you expect people to use it for that and what we see here is a “vertragsgemäßer Gebrauch”. Same goes for small scratches on the floor, indents from furniture in carpets… all of these things were _generally_ ruled to be tolerated.

   If you want to have the tenant actually pay for it, the damage needs to be documented in the “Übergabeprotokoll”, signed by both you and the tenant. And obviously, the damage should not have been listed in the seperate “Übergabeprotokoll” when the tenant moved in.

   If none of these documents exist, good luck charging the tenant, as it’s *you* who needs to proof the damage was caused by the tenant.

9. Just leave it the way it is and find a new tenant who doesn’t mind it.

10. You purchased a garbage kitchen counter for garbage money.

    It got damaged by routine use for a kitchen, that is “putting a pot down on the kitchen counter”.

    There’s not really grounds for tapping into the Kaution for this.

11. Get a real job and pay for a better countertop next time.

12. If by “handle” you mean how you can repair it before the next tenant comes in, then I suggest wiping the area with a rag and food safe mineral oil, it will hydrate the wood and reduce a bit the difference in tone between the scratched part and the non-scratched.

    If needed, maybe sand it (very lightly) with fine grit sandpaper and then apply the oil.
    Just be sure to use a product that is food safe, as that’s a kitchen countertop and will absolutely come in contact with food at some point. Aside from mineral oil, beeswax can also be used there, but will probably not cover as much and may leave more residue.

    That’s not the sort of damage you can (or should) expect the tenant to pay, that falls into acceptable marks due to use.

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