Legal Question in Real Estate Law in California
Security Deposit: What constitutes fair ''wear and tear''
When we moved in the landlord requested we use picture hangers for all the pictures and leave them there so he could find where the walls needed repair when we moved out. We did this, as well as asked him to suggest a method for hanging something heavy. He suggested and even installed dry wall brackets in the wall, but when we moved out he charged us for additional ones that we had put in. Also, we had built a darkroom in the kitchen. When we moved out the linoleum floor had a couple small, dime size spots that we didn�t even notice, but assume they were from the chemicals. He asked us to suggest a neutralizer and we did. He now refuses to use it, saying he consulted with a linoleum specialist and says it might do more damage. He now wants us to either 1) pay him $450 or 2) try using the neutralizer ourselves, running the risk of paying $900. I would think that a couple small light spots, not noticeable unless you are on your hands and knees (which is how he admitted he found them) would not be excessive wear and tear? Would I have a case in a small claims court? Also, what things could I say to him to not even to take it that far?
2 Answers from Attorneys
Re: Security Deposit: What constitutes fair ''wear and tear''
It appears that you concede that the "spots" were caused by your darkroom, and such is clearly not "wear and tear", as you constructed it yourself and this is not commonly found in a rental residence; I think the landlord is the one who would prevail in a court.
Re: Security Deposit: What constitutes fair ''wear and tear''
Tell the landlord to go suck a lemon. He needs to get alife. Crawling around on his hands and knees will not impress the judge much.
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