Legal Question in Landlord & Tenant Law in California
Rental damages
I recently moved out of a rental. The unit has a kitchen and dining room and they are connected but separated by a counter. The linoleum matches. A heater I had burned the linoleum in the dining room and since it matches the kitchen my landlord are wanting to use my deposit to replace linoleum in kitchen and dining room. Is this fair or should I only be responsible for the linoleum in the dining room They are stating that they cannot find matching replacement linoleum for the dining room and since it matched when I moved in, they have to replace both rooms and I am responsible.
1 Answer from Attorneys
Re: Rental damages
That question is one that, unfortunately, isn't black and white. Its going to come down to what the judge hearing the eventual lawsuit by you for return of that portion of your security deposit thinks. I can see circumstances where you would be right - that its not reasonably necessary for the linoleum to match, but I think that the landlord's position may be stronger - if the two rooms are connected (even if separated by a counter) then its more likely that a judge would find that it was reasonably necessary for the landlord to replace linoleum on in both areas. If they deduct it, you can take them to small claims court, and see what a judge decides. Unfortunately, as mentioned before, there isn't a brite-line test on something like this.
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