Legal Question in Landlord & Tenant Law in California
Landlord is charging for fixing kitchen vinyl
We vacated a townhouse recently and during walkthrough the landlord said there were some light pink stains in the kitchen vinyl flooring along the edge of the oven and behind a movable cutting board island. I tried to clean it up and they won't go. We had some argument and finally he said he won't charge me for fixing it. I got it in writing that he would charge me only for any other major or physical damage to appliance or wall. Now he is charged me 700$ to replace the entire vinyl on the kitchen floor and is saying it was not there when we moved in and is not wear and tear. There is no scratch or any other damage to the floor. My questions are as follows:
1. Would this be considered as wear and tear?Am I responsible for this?
2. If I go to small claims court will he have to prove that it I did the damage or do I have to prove that it was not there before.
3. As per the lease agreement, the party that prevails will pay the attorney fees. Since small claims does not allow attorneys but if he uses one for consultation, and if I loose will I be liable for the same?
4. If I loose what would be the liability if any for me? Will this get reported to the credit history? Can he counter sue me for his time etc?
2 Answers from Attorneys
Re: Landlord is charging for fixing kitchen vinyl
Unfortunately, we would need to see the nature of the staining. However, if it truly appears to be normal "wear and tear" then you can't be charged for it. If you go to small claims court to get your money back, and, you lose, if the landlord hires an attorney you can be assesed with attorneys fees. A judgment against you could be reported and effect your credit. Good luck and thanks for inquiring.
Re: Landlord is charging for fixing kitchen vinyl
Hard to say. It depends on the nature of the stain and the quality of the vinyl. If it was really cheap vinyl, and if the stain was only right near cooking areas and was something like tomato sauce or something, it is probably reasonable wear and tear. If it was really high-quality stain-resistant vinyl and it was paint or something, you could be liable. There is also a question whether your landlord's statement about forgetting it was an accord and satisfaction. If he withholds your security deposit, you should probably file a claim in small claims court and have your day in court on the question.
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