Legal Question in Real Estate Law in California
how to evaluate normal wear and tear after 12 years of renting.
Hi, we've been in the same rental property for 12 years. During this time the landlord hasn't done anything in the house. with his permission after 8th year we painted the walls in kids bedrooms. are we responsible for repainting them back? Also the gas stove electric ignition stopped working after 4th year. and 2 knobs on the stove are more loose than the other 2. is is considered normal wear and tear or we are responsible for fixing it?
2 Answers from Attorneys
Re: how to evaluate normal wear and tear after 12 years of renting.
What constitutes "normal wear and tear" is not defined in any law and there is no place you can look it up and go into court and cite what you looked up as decisive authority. It is a question of reasonableness, common sense and facts. If after 12 years these are the only problems with the rental, or the major problems, and the landlord has done nothing more to keep the property spruced up, common sense tells me that a judge will decide in your favor.
Re: how to evaluate normal wear and tear after 12 years of renting.
What constitutes "normal wear and tear" is not defined in any law and there is no place you can look it up and go into court and cite what you looked up as decisive authority. It is a question of reasonableness, common sense and facts. If after 12 years these are the only problems with the rental, or the major problems, and the landlord has done nothing more to keep the property spruced up, common sense tells me that a judge will decide in your favor.
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