Legal Question in Landlord & Tenant Law in California
It does not mater if the until is left clean and in the condition when first moved in they can still charge for paintinga and cleaning and "natural wear and tear" would not apply?
In answer to your question "why would a lease not be legal?
Not legal if the lessor have a contract contrary to law, example "normal wear and tear" as per their contract to pay painting and cleaning if unit is occupied for less than a year.
1 Answer from Attorneys
I assume you are responding to the answer I gave you. You are correct that parties can not enter into enforceable terms that are contrary to law or public policy. But the law does not state that an agreement as to who has to pay for repainting during a certain period can not be made. I am not aware of any code section stating who is responsible for repainting. It is not unreasonable for a landlord to believe that they willl have to repaint a unit, no matter what condition it is keep in, whenever the unit is rented to a new tenant. So the landlord can require if the tenant does not stay long that tenant has to pay for a new paint job. You did agree to those terms; what makes you now think it is illegal [did you merely think that you would live there at least a year so that provision would not apply?]