Legal Question in Real Estate Law in California
Property damage and using security deposit to pay for repairs
Can the landlord make the tenants pay for the repair by deducting this from their security deposit or is this type of problem the landlord's responsibility?
The tenants were in the house for five months. The bathroom linoleum was brand new and the bathroom flooring was in perfect condition upon moving in.
Apparently the toilet seal leaked and sewage seeped into the flooring surrounding the toilet. This was not reported to the landlord and had occurred for some time. It appeared like the toilet was shifted Can the landlord make the tenants pay for the repair by deducting this from their security deposit or is this type of problem the landlord's responsibility? slightly causing the leak. The sewage water soaked into flooring causing the new linoleum to buckle in three areas (large 1-2'' high buckles and created one large (8'')crack in the new linoleum next to the toilet. Additionally, the floor within 3 -4 feet of the toilet was very spongy and squishy.
When landlord did the inspection after tenants left the rental the landlord discovered the problem to the bathroom flooring and had to have it repaired. The damage was extensive due in large part to letting it go and not reporting it. The cost for the repair is $1,000.
1 Answer from Attorneys
Re: Property damage and using security deposit to pay for repairs
Tenants have some responsibility for care and maintenance of rented residential properties, just as landlords have responsibilities. Unless the rental agreement makes different allocations, the responsibilities are set forth in broad, general terms in the Civil Code. See sections 1941, etc. for landlord's duties and 1941.2 for obligations of tenant.
It is difficult to say with certainty how a small-claims judge would rule with respect to the facts you have set forth. My guess is that the tenant's failure to make a timely report of the problem would work to pin most of the financial loss on him. Costs related to the initial leak and damage that would have occurred even with quick reporting are likely to be assessed to the landlord's account. I would suggest withholding 75-80% of the actual total cost of repairs from the deposit refund and see what happens.
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