Legal Question in Real Estate Law in California
What is considered normal wear when moving out of an apt?
We are going to move out of our 2 bed apt into a 3 bed apt within the same building, and wanted to know if we will be responsible for paying for the old apt to be painted and the carpets to be cleaned? We have lived here for a year and a half. Also, the inside of the closet (inc. sliding door and pole) in the kid's room is dirty from shoes, etc. And the carpets do have some spots (I don't believe they are stains). There is also one spot where the corner of a wall has been chipped due to something falling, and one window sill has the same problem. When I spoke to the mgr. previously, she said that we might also have to pay for new doors since they are ''dirty and hard to clean''. Thank you so much for your help!
3 Answers from Attorneys
Re: What is considered normal wear when moving out of an apt?
You are required to return the apartment in the same condition that yu received it, other than normal wear and tear.
That means it should be completely cleaned, any spots removed, and any chipped pain or stucco repaired and spot painted.
Wear and tear consists of the wearing down of carpeting from foot traffic, not an accumulation of dirt. Items falling and chipping paint is also not wear and tear.
Re: What is considered normal wear when moving out of an apt?
Normal wear and tear is what normal people expect to be normal wear and tear. Something that was painted five years ago should not show ten years of abusive conduct after only one year of occupancy. The rule is take a lot of pictures. If something is difficult to clean then you clean it as best you can, and leave it at that. However, with all the wonderful cleaning material and apparatus to clean things that shouldn't be much of a problem.
Re: What is considered normal wear when moving out of an apt?
There are no precise legal standards for 'normal wear and tear' and consequently a lot of disputes arise over this issue.
Generally, dirt of any kind is not normal wear and tear, whether easily removed or not. Normal wear and tear refers to the gradual aging or using up of the useful life of a building and its components when properly used, and not accident damage or accumulation of dirt, which supposedly would be removed through appropriate regular cleaning by the tenant.
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