Legal Question in Landlord & Tenant Law in California
Normal wear and tear
We are leasing a property for a year. The lease is almost up. We have kept the property in pristine condition, except the front door handle and lock are loose and the landlord is requiring that we fix it. Isn't this covered under normal wear and tear?
2 Answers from Attorneys
Re: Normal wear and tear
Mr. Bennett supplies you with an excellent answer. It should not cost much to fix the two minor problems and it is not worth your time and stress to fight over the minor sum of money. You might ask the landlord what type of activity it could have been to cause them to become loose [probably them would have to be hit by something or the wood encasing them deteriorated], something you did not do. You should probably first go to a Lowe's, Home Depot, or similar store and ask a clerk in that appropriate department what could cause the problem and how much lit would cost to fix it [show they photos if possible], and then you can pas that information on to the landlord.
Re: Normal wear and tear
It is hard to answer your question, because I don't know how old the lock and door handle are, and whether or not it was a bit loose when you moved in?
It is a bit tacky to debate the landlord over such a difficult matter to assess. Probably the best way to resolve this is for you and the landlord to split the cost in half.
I cannot imagine a judge in Small Claims Court doing anything other than splitting the cost.
The direct answer to your question is that there is no real definition of ordinary wear and tear than can be used here.
Good luck!
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