Legal Question in Landlord & Tenant Law in California
If the landlord has stated in his lease that he wants his single family home back in mint condition and we leave it within normal wear and tear standards (very minor nail holes, very tiny spots on the drapes etc.) Will his lease override the wear and tear law?
He also did not issue a walk out sheet on the fianl walk through but has submitted a false document to the courts saying I signed it. He also did not give us back the keys to remedy any issues he pointed out, even though we had the place until midnight. And lied in court and said I gave him carbanche to deduct all damages from my security.
I feel like the judge is in our favor but not sure if his lies will hold up.
Also, why is it going to take 2 weeks before the judge makes a decision?
1 Answer from Attorneys
Holes in the wall - even small ones for nails - are not normal wear & tear, they are damage. They should have been repaired before you moved out. Spots on drapes should have been cleaned - again, probably not normal wear & tear. You'll soon find out how the court views the situation, but be prepared that you may lose to some extent.
The courts are very busy, and with budget cuts, they are working with short-staff and furlough days. Also, there are far more lawsuits filed than can be handled by our current court system. You are lucky that it will only take two weeks - if you were in Superior Court, you wouldn't even get to trial for a year or more.
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