Legal Question in Landlord & Tenant Law in California
Landlord citing us for damages made by previous tenants
We are stuck in a position with an unfair and dishonest landlord. We just want what�s fair and right to both parties however landlord has decided that she isn�t going to make a compromise and charge us instead for all damages in the property that were already made even before we lived there. Pls help! Thanks!
1)Landlord is taking half our deposit for all damages in property. We know these were made before we came in but as first time renters, we didn�t make a checklist when we moved in. On her part, she doesn�t have any proof that we did these damages as well because she never did a walkthrough with past tenants because she is out of state.
2)What is normal wear and tear and damage? She is charging us for lightbulbs, closet rod replacements (was still in working condition), reinforcing pantry shelves that were falling apart, hole in the wall as a results of door stopper not being installed, nicks in counter and cabinets. We were there for 2 years.
3)She returned part of our deposit, past the 21 days (California Law) she was supposed to return it to us. Also, she was assuming that we were OK with the damages she cited, without doing a walkthrough with us.
What should we do, please help!
1 Answer from Attorneys
Re: Landlord citing us for damages made by previous tenants
Congratulations. You know more about your rights than 99% of tenants out there. Forget fair and right. You'll probably end up in small claims court. Landlord ("LL") can't just charge for 50%. She must delineate all deductions from deposit. Obviously, next time make a checklist, do a walk-through with next LL, and take pictures. If you don't have a camera, you can get an inexpensive disposable one at most drug stores, Costco's, Long's, etc. Normal wear and tear is just that, and LL is responsible. Lightbulbs, closet rods, etc. are normal wear and tear, unless you or guests were involved in shooting out light bulbs, for example, with beebee guns. Ditto nicks, holes in wall, etc. Really going to be up to who judge believes. Good news: California law says the non-timely return of deposit entitles the tenant to a statutory fee (i.e. punishment) of $600 from LL in addition to return of unrefunded damages. Before you file an action in Small Claims court, I suggest you do two things. First, do not communicate with LL again, except by letter. She isn't going to budge otherwise. Secondly, hire an attorney to write a strong letter on your behalf to LL. This frequently produces results, and, even if it doesn't, looks good to judge in Small Claims, because it shows you gave her every chance, and tried to avoid court. Hope this helps. Any further questions, e-maIL or call me. Good luck!!
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