Hardwood Floor Scratches: Wear or Deposit Damage?

The visible mark is only the beginning of the analysis

Section 1950.5 excludes ordinary wear and tear and limits repair claims to tenant- or guest-caused damage beyond that wear. Hardwood naturally develops fine scratches, finish dulling, and traffic patterns. A concentrated gouge, dragged-furniture track, pet clawing, burn, or moisture stain can present a different factual record.

There is no statutory scratch-depth chart. Describe what the evidence shows without converting a practical rule of thumb into law.

Use pattern, depth, and chronology

Wide-area haze or fine surface marks in normal walking paths may support an ordinary-use explanation. A deep line matching furniture movement or a localized cluster tied to an event may support causation. Close-ups help, but include room-wide photographs so scale and location are not misleading.

Then add chronology. Move-in photos, listing images, maintenance messages, prior refinishing records, and inspection notes can establish whether marks or finish failure existed earlier.

• Surface scuff, finish scratch, wood gouge, stain, burn, or warped board
• Isolated mark versus normal traffic pattern
• Prior scratches, fading, gaps, cupping, or worn finish
• Known incident, leak, pet activity, or furniture movement
• Time between move-out, photography, and contractor work

Question the repair scope without assuming refinishing is improper

A spot repair may be possible for some finishes and impractical for others. A contractor may contend that a larger continuous area must be sanded or coated for a consistent result. Ask for that explanation, the square footage, process, labor, materials, and before-and-after photographs.

Even if repair is supported, a claim should restore the prior condition rather than shift unrelated renovation or ordinary floor aging to the tenant. Age and prior wear can be relevant to reasonableness, but a depreciation table found online is not automatically a statutory calculation.

Build a floor-by-floor audit

1. Map each claimed mark to a room and precise location.
2. Pair wide, medium, and close photographs from move-in and move-out.
3. Add maintenance history, incident messages, and any floor age or refinishing record.
4. Match the contractor scope and square footage to the documented areas.
5. Separate undisputed damage, disputed causation, ordinary wear, and disputed amount.

Respond with an alternative supported by the record

If the landlord claims full-room refinishing, explain whether you dispute responsibility, scope, price, or all three. Ask for the missing contractor explanation or propose review of the square footage tied to the documented mark.

Avoid promising that a particular scratch will be treated as wear. The classification can turn on evidence and credibility, and a court may weigh the same photographs differently from either party.