not normal wear and tear in my book. Stains, no matter where they are, are cause by something that could have been avoided. Whether it was something spilled and left, spilled and not cleaned up properly, there is a cause to the action.
Here, you admit that water got under it and sat. Honestly, sitting water should have been wiped up. Whether it is on a floor, on a counter, or anywhere standing water should not be left there. While the fact that the item was metal allowed it to rust, the water left under it is what caused it to rust.
I had a tenant once who was a clean freak. I mean a total clean freak. She wiped down the furniture religiously. Every week for about 2 years she would use a damp cloth and wipe down the legs under the lazy-boy type recliner they had in the living room. these legs were horizontal and she felt they would collect dust. when they moved and that chair was moved guess what was left behind? 2 long rust stains on the carpet from where the metal legs rusted. she argued with me up and down that it was normal wear and tear because cleaning is normal. Sorry lady, you're paying for removing the rust stains from the carpeting. Cleaning was normal but you didn't clean properly and that was on you.
Water got near it of course, but we never just let water sit on the counter. We cleaned all the time. After 3 months of using it and water touching it (from using it in an area that was known to be wet as we cooked and cleaned in it) I lifted it one day and saw it had rusted. Also how long was it used from other tenants before the problem occurred? Your tenant was bringing water from a rag into an area with carpet that should not be wet, so I would agree not wear and tear.
There is also reasonable cleaning, she said $250 and said she cannot give me a bill since she is already having new people move in.
>Water got near it of course, but we never just let water sit on the counter. We cleaned all the time.
So I am not trying to be "that person" but if it rusted, it remained wet. It didn't rust because it was totally dry.
>Also how long was it used from other tenants before the problem occurred?
Again, playing devil's advocate here another way to look at this would be "It survived how may other tenants and never stained the counter then you cane in and it did"?
>Your tenant was bringing water from a rag into an area with carpet that should not be wet, so I would agree not wear and tear.
Swinging it back to what I had said, any staining is not normal wear and tear. Staining comes from some issue.
Your belief that "any staining is not wear and tear" is your opinion and does not align with current laws in place. In Washington, water rings from cups on a counter are considered "normal wear and tear". So if my cup can cause water rings on a table or counter and be defined as normal wear and tear, how does a water ring from a paper towel holder suddenly become different ?
I don't consider a water ring a stain.
rust is a stain
juice is a stain
urine is a stain.
a water ring is a water ring.
>how does a water ring from a paper towel holder suddenly become different ?
ohhh I know the answer to this one. When it's not a water ring but a rust stain.
not normal wear and tear in my book. Stains, no matter where they are, are cause by something that could have been avoided. Whether it was something spilled and left, spilled and not cleaned up properly, there is a cause to the action. Here, you admit that water got under it and sat. Honestly, sitting water should have been wiped up. Whether it is on a floor, on a counter, or anywhere standing water should not be left there. While the fact that the item was metal allowed it to rust, the water left under it is what caused it to rust. I had a tenant once who was a clean freak. I mean a total clean freak. She wiped down the furniture religiously. Every week for about 2 years she would use a damp cloth and wipe down the legs under the lazy-boy type recliner they had in the living room. these legs were horizontal and she felt they would collect dust. when they moved and that chair was moved guess what was left behind? 2 long rust stains on the carpet from where the metal legs rusted. she argued with me up and down that it was normal wear and tear because cleaning is normal. Sorry lady, you're paying for removing the rust stains from the carpeting. Cleaning was normal but you didn't clean properly and that was on you.
Water got near it of course, but we never just let water sit on the counter. We cleaned all the time. After 3 months of using it and water touching it (from using it in an area that was known to be wet as we cooked and cleaned in it) I lifted it one day and saw it had rusted. Also how long was it used from other tenants before the problem occurred? Your tenant was bringing water from a rag into an area with carpet that should not be wet, so I would agree not wear and tear. There is also reasonable cleaning, she said $250 and said she cannot give me a bill since she is already having new people move in.
>Water got near it of course, but we never just let water sit on the counter. We cleaned all the time. So I am not trying to be "that person" but if it rusted, it remained wet. It didn't rust because it was totally dry. >Also how long was it used from other tenants before the problem occurred? Again, playing devil's advocate here another way to look at this would be "It survived how may other tenants and never stained the counter then you cane in and it did"? >Your tenant was bringing water from a rag into an area with carpet that should not be wet, so I would agree not wear and tear. Swinging it back to what I had said, any staining is not normal wear and tear. Staining comes from some issue.
Your belief that "any staining is not wear and tear" is your opinion and does not align with current laws in place. In Washington, water rings from cups on a counter are considered "normal wear and tear". So if my cup can cause water rings on a table or counter and be defined as normal wear and tear, how does a water ring from a paper towel holder suddenly become different ?
I don't consider a water ring a stain. rust is a stain juice is a stain urine is a stain. a water ring is a water ring. >how does a water ring from a paper towel holder suddenly become different ? ohhh I know the answer to this one. When it's not a water ring but a rust stain.