Legal Question in Real Estate Law in California

Charged for damages
I'm moving out of a room that I have been rented for 1 year. The landlord now charges me $500 for ''damages on furniture and flooring'' which I think is normal wear and tear. No inspection was done when I moved in, and no checklist was signed by me to make sure everything is alright, and no photo was taken. Of course I refuses to pay, but they say ''they have a contractor that helped them furnish that room.'' But that contractor did not help them furnish that room right before I moved in.

Should I pay that $500 to them?

Asked on 1/31/04, 3:46 am

3 Answers from Attorneys

Scott Schomer Schomer Law Group

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Re: Charged for damages

If they have a security deposit, the landlord can deduct the charge. If they don't have a security deposit, the best they can do is sue you. If no one took pictures, the judge will have to decide who is telling the truth. If you don't mind fighting the charge in small claims court, then don't pay.

Answered on 1/31/04, 3:03 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Charged for damages

The contractor stuff is irrelevant. Whether what happened during your tenancy was normal wear and tear or not is a question that has to be answered by using ordinary common sense and there are few if any legal principles or guidelines that can be applied to individual situations. Try asking yourself, "If I were a landlord, would I consider what happened to the furnishings and floor NORMAL, or would I be P.O.'ed and want to be compensated?" That's probably the way a judge will view it. Of course, the outcome in small claims also depends on the quality of evidence presented. If the landlord has pictures and bills, and you have nothing except your word, what will the judge do? Ask yourself.

Answered on 2/03/04, 12:32 am

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