Legal Question in Landlord & Tenant Law in California

Tenants moved in when appliances are only 6 months old. Now after 5 years, both ovens are broken. Per rental agreement, tenant is responsible for $75 deductible per occurrence of appliance repair/replacement. Since I cannot prove she abused the appliances and caused the damage, can I deduct the $75 per agreement from her deposit?

Tenant tried to paint the dirty walls and doors but did not do it right. The color didn't match and she painted flat paint on semigloss doors, the brass door nobs, switch face covers and outlets, and even use it to paint over the chipped kitchen sink and shower base. If I don't charge repaint cost, can I deduct the damage to the door nobs, switch face covers, etc. Also if kitchen sink is chipped, is it considered normal wear and tear or damage, considering the kitchen is almost new when moved in?


Asked on 2/14/12, 1:02 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Normal wear and tear do not include a chipped sink, a five year old appliance braking down, and a poor paint job. You can charge for repairing all of those problems but you are stuck with your prior agreement as to the ovens [but do not limit yourself for future tenants.

https://www.lawguru.com/answers/answer/free_show/931831874#]

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Answered on 2/15/12, 5:27 pm


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