Legal Question in Landlord & Tenant Law in California
I am a tenant reviewing CA rental agreement -
1. the Landlord is requiring that I water the grass and trees and shrubs and landscape - which I have agreed to do - but I do not want to "maintain" the front yard - mowing cutting triming trees shrubs and adjusting the landscape , I would like the landlord to cater to this at his own cost - how can i put this in a way to enforce this? There are 2 big trees in the front yard that attract bees which is a hazard to me as enter and exit and passerby and children too and also trees also shed leaves which will mean continuous yard work and one tree seems to be growing towards the foundation as its right by the front door.
2. The landlord has said I am responsible as tenant for all repairs and replacements as result of use except normal wear and tear - I am not sure what normal wear and tear means - does scratch on wall or scratch on cooker or wear on carpet mean I am responsible to replace it, as it does not fall under normal wear and tear - I want to make sure I have normal use of the home and anything that evidences the normal use was ongoing will not constitute my cost of replacement or repair but the tenant cost - it is not clearly stated in the contract.
3. Also they are giving me only 3 days after move in date to itemize what is not working in the house or i will assume cost - it will take me a week to move in and set up my utilities, my appliances and another week to make sure everything is working - how can i use argument that i need at least 2 weeks to get itemized list together
1 Answer from Attorneys
Regarding No. 1: You can negotiate pretty much anything you want. If you feel that you cannot or do not want to "maintain" the front yard, then don't agree to it. Tell the landlord that you don't agree to that term. Then, the landlord can either take out the term, amend it, or simply refuse to rent to you.
Regarding No. 2: Normal wear and tear can be defined as the inevitable physical decline of the condition of a property from time and usage. Normal wear-and-tear increases over the useful life of any property or asset. It results from normal usage by its occupants as well as from weather and other natural forces that surround it. It is a term that means different things to different people. For example, a dirty carpet, as a result of normal foot traffic would be normal wear and tear, but torn carpet, resulting from golf shoes walking on it, would not be normal wear and tear.
Regarding No. 3: It's the same as number 1. You can ask for more time. You can insist on it. But, the landlord has the option of allowing you more time or not. It's simply a matter of what you can negotiate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
