Legal Question in Landlord & Tenant Law in California
In a scenario your tenants have caused damage that exceeds the security deposit amount, how would you charge the appropriate fees? For example a burn stain on a marble counter top in the bathroom, and a paint chip on another counter top. Would you ask them to pay for a brand new counter replacement?
1 Answer from Attorneys
You have to start by bringing in the professional service people and obtaining their advice on how to most reasonably take care of the damage. I can't imagine that a painter will tell you that you need a whole new counter top for a paint chip, and no court is going to allow a landlord to charge a tenant for that. Any paint chip can be sanded, filled if necessary and repainted for a fraction of the cost of a counter top. The marble is another story. Sometimes stains can be polished or ground and polished out, other times not. If there is no way to repair, then replacement would be chargeable to the tenant, and if the cost exceeds the deposit you would have to bill them and go to small claims if they do not pay. Don't forget your 21 day deadline.