Legal Question in Landlord & Tenant Law in California

Prior to moving in to a rental house a year ago, the counter was replaced. When we moved out, there were a couple of spots stained with food color of some type. There is nothing wrong with the counter other than the spots. The landlord wants to replaced the counter top and charging us to replace it. What constitute fair wear and tear as in this case?


Asked on 1/16/12, 3:22 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Stains are generally not "normal wear & tear" for purposes of returning a security deposit, especially if the counters are only a year old.

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Answered on 3/05/12, 3:34 pm


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