Legal Question in Landlord & Tenant Law in California

What is normal wear and tear? When tenant moved in, all kitchen appliances are 6 months old, carpet professionally cleaned. She moved out after 5 yrs and we found oven is not working, microwave ventilation is broken, pantry door has holes, carpet have burns and stains. Sprinklers are broken and lawn are taken over by weeds. Bulbs are missing or broken. Batteries are out. Walls have dents and marks. She did paint some areas but put flat paint on the semigloss doors and paint over the door knobs and face covers. Tenant claims these are all wear and tear except the lawn since she lives here for 5 yrs. The agreement did say appliance maintenance is tenant's responsibility and subject to $75 deductible for repair/maintenance per occurrence. Agreement also says batteries are tenant's responsibilities. And house need to be same "move in condition" in order to release deposit. Can I deduct damages/repairs/replacement cost according to the lease agreement?


Asked on 2/09/12, 11:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Wow - sounds like your tenant did a number on the property. I'll try to address these, but please understand that sometimes the question of what is normal wear & tear, and what is damage depends on the judge who will hear the case when/if you are sued for improperly withholding the security deposit, or if you sue the tenant for damages. The oven not working, unless you can prove it was caused directly by the tenant may not be one you win. The oven could have had a defect, but if it was not the tenant's fault, then he shouldn't be charged for it. Same for microwave ventilation - if their actions caused it to fail, then they can probably be charged for the damage. Holes in doors are almost always damage. Burns in the carpet are damage, stains (depending upon how bad) can be damage - generally, even after 5 years, the tenant should have cleaned the carpet when they moved. The sprinklers and lawn depend upon the lease - if maintenance and repairs were their responsiblity under the lease, then it might be damage. Batteries and bulbs are damage, not wear & tear, but I wouldn't charge for those - especially batteries since that is safety equipment for the house you probably are ultimately responsible for maintaining. The paint is not an easy question - after 5 years, I think many judges would expect that you would have to repaint anyway. The best thing to do is deduct for anything you reasonably believe to be damage. If you are eventually wrong, so long as you did not do so maliciously, then the worst-case is you must refund the items on which you lose. You cannot be hit for treble damages if you reasonably withheld money for damages which actually turn out to be normal wear & tear.

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Answered on 2/13/12, 12:43 pm


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