Many landlords ask this and the answer is Yes, but only for the remaining depreciated value, not the full cost of repair or replacement and you need to have proof the damage did not exist prior to the tenant move in.
In Virginia, tenants are responsible for damage beyond normal wear and tear, if there is visible damage of abuse or neglect to a property landlords have the right to restore the property back to its original condition noted on the move in report, but landlords cannot charge for full replacement if the item has depreciated. Hardwood flooring is a common example. While the wood itself can last decades, the finish layer typically has a useful life of 7–10 years.
Real-World Scenario:
A tenant’s pet caused scratching across approximately 350 sq ft of hardwood flooring. A flooring contractor confirmed:
- Spot repair was not possible
- The entire floor required refinishing to repair the one area
However, the flooring was already 7–10 years old.
Even though the tenant caused the damage as this damage was not present at the move in inspection or photos, to repair the damage caused by the tenants' pet, a full refinishing of the main floor was required. Safely, the landlord can only charge the remaining useful life of the flooring finish, or it could be challenged in court by the tenant.
Typical Outcomes:
- 7-year-old floors → tenant may owe 30–50%
- 8–9-year-old floors → 25–40%
- 10-year-old floors → 0–25% (or nothing)
What Most Landlords Get Wrong?
“The tenant damaged it, so they should pay for all of it” but courts don’t see it that way. Instead courts typically take the stance of “The tenant caused premature loss of remaining value”.
Key Takeaway:
You can charge for damage, but only fairly and proportionally with depreciation values accounted for. Overcharging often leads to disputes and losses.
