Legal Question in Landlord & Tenant Law in California

When we moved out of our apartment we did a walk through with one of the staff. They indicated that we would have to pay for repainting one wall in one room. When we received the final bill they charged us for painting all the walls in three rooms. When we questioned this they said the bill is correct because they ALWAYS take pictures of the damage. But hte staff did not have a camera with him during the walkthrough. When we asked to view the pictures they said they actually didn't take any and now we actually owe them MORE. Is this legal if they have no proof of the damage and it was not pointed out to us during the walkthrough?


Asked on 10/06/10, 10:31 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If it were me, I would go fight this. I assume at this point you have received the accounting from them, and it was depleated by the painting cost? Send a letter demanding that they refund your security deposit, as it is being improperly withheld. If they do not (which they won't), take them to small claims court. The whole point of the walk-through is to set the damages they will claim against your security deposit. They can (obviously) also deduct for damages which occur after the walk-through, but before you move out, but that's clearly not the case here. If they cannot prove the damages, then they might lose at trial. Good luck!

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Answered on 10/11/10, 1:22 pm


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