Legal Question in Real Estate Law in California
Damages after a walk through
We did a final walk through of our house that we leased for five years, with the property manager. During the walk through, he found no damage and said that the house looked fine. He also made mention to the fact that there would be some remodeling being done. We signed a ''Return of Keys'' report and we left. Three weeks later, I received a letter from the Owner herself asking for $1550.00 to repair the following:$500.00 to paint bedroom and bathroom, $100.00 to remove cable tv lines (Verbaly agreed to install), $150.00 to replace three azalea bushes and $800.00 to resod front lawn. We paid a gardner service $50.00/Month to maintain yards and I watered.
Can She charge us for these problems AFTER a walk through was completed and nothing was noted at that time? We did not receive anything in writing about the walk through. My Wife was with me for the walkthrough. I feel she is withholding security in bad faith.
1 Answer from Attorneys
Re: Damages after a walk through
The landlord can deduct the cost of repairs and cleaning, except "ordinary wear and tear." There is no definition of what wear and tear is ordinary. In case of a dispute, you can try mediation or small claims court to resolve the dispute. The fact that there was no damage or dirt pointed out in the walk through is strong evidence in your favor.