Legal Question in Real Estate Law in California
I rented an apartment for 1 year. When I moved out I hired a cleaning company to thoroughly clean the apartment. The apartment managers did not give me back my deposit citing the cost of paint. There was no damage to the walls whatsoever. I was told that they paint after every tenant moves out. Why am I be charged for reasonable use?
2 Answers from Attorneys
The landlord is wrong. You are correct that you are only liable for unreasonable wear and tear. An apartment with normal usage does not have to be painted more often than once every 4-5 years. You should not be charged; within 21 days after you turned the apartment back to him did he send you a letter stating all the charges and giving you the remaining balance, as failure to do that results in his waiving his right to retain your security deposit.
New paint after one year is ridiculous. You are being cheated. Go to small claims court and ask for the bad-faith penalty against the landlord. Civil Code section 1950.5, and invest a few bucks in paperback books on landlord-tenant rights and small claims procedures. Be sure each is oriented toward California law.
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