Legal Question in Real Estate Law in California

When I moved out from the rental property, the management co. inspected the property two days later confirming by phone no major repairs necessary but came back 13 days later to inform me there is a pellet hole in a window and I am responsible to pay for the replacement. I don't know when the incident occured and this was from the outside in. Am I require to pay for the replacement or do I have the rights to challenge? They are deducting from my deposit for the repairs. Please advise. Thanks


Asked on 3/31/12, 8:27 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you went to small-claims court, as I see it, you'd have two possible defenses:

(1) I'm not responsible because it happened after I moved out; and

(2) I'm not responsible because I didn't do it.

Defense #1 would work IF you can establish its truth, perhaps by showing that the first inspection included the window and would have revealed the pellet hole if it had been there.

Defense #2 depends for its success upon whether the general law of tenant liability includes any and all harm to the property, other than "normal wear and tear," occurring during the tenancy, or only harm actually caused by the tenant and his guests. A small-claims judge would probably decide that neither you nor your guests fired the pellet, but I honestly don't know whether you are nonetheless liable for ALL damage, other than normal wear and tear, occurring during your tenancy. I would think maybe you are, but I'm not sure. Maybe another LawGuru attorney knows and will give an opinion.

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Answered on 3/31/12, 9:12 am


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