Scratches and stains in flooring from guests: what is recoverable
Scratches and stains in flooring from guests: what is recoverable
Guests are liable for scratches, stains and burn marks in flooring. But you cannot claim a whole new floor where only one spot is affected.
The most common mistake is demanding full replacement. What is owed is remedying the specific damage, which usually means repair, sanding or a section.
German law of obligations, §§ 280, 249 BGBIn 60 seconds
The guest is liable for scratches, burn marks and non-removable stains that arose during their stay.
What is owed is remedying the specific damage, not renewing the entire surface. A claim for full replacement over one spot is routinely cut.
Where a spot genuinely cannot be repaired in isolation, a larger area may be necessary. But a professional has to justify that, not you.
Age must be deducted from a replacement figure. Twelve-year-old laminate is not billed as new.
Floors are large and accumulate marks. Without a capture of the same spot from before, a single scratch is practically impossible to attribute.
Legal framework
What must be compensated is the expenditure necessary for restoration. Necessary means what an economically reasonable injured party would spend, which for localised damage is normally repair rather than renewal of the whole surface. A new-for-old deduction must be taken into account.
What is owed
| Not enforceable | Enforceable |
|---|---|
| relaying the floor over one spot | repairing the affected spot |
| new price with no age deduction | depreciated value, new-for-old applied |
| your own cost estimate | a professional's quote |
How depreciated value is calculated is in Mattress stains; how to build the proof is in Proving damage in a holiday flat.
Common mistakes
What is owed is the affected spot, as long as it can be repaired in isolation.
An old floor is not billed like a new one.
Without a capture of the same spot from before, its age stays open.
What to do next
Include floor surfaces in every turnover capture, not just the furniture. Do it with BildProof, about two minutes a room →
Obtain a professional quote that justifies the scope required.
Disclose the floor's age and factor in the new-for-old deduction.
Frequently asked questions
Can I have the whole room relaid?
Only if a professional justifies that the spot cannot be repaired in isolation, for instance because colour or grain cannot be matched. Otherwise repair is what is owed. A blanket demand for relaying over one scratch will be cut.
What does new-for-old deduction mean?
That replacement should not leave you better off than before. If a twelve-year-old floor is replaced with a new one, the benefit of the longer remaining life is deducted. In practice: submit the invoice, disclose the age, accept the deduction.
How do I prove the scratch is new?
With a capture of the same patch of floor from before the stay. Floors collect marks over years, and without that comparison there is no saying which mark came from which stay.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.