Legal Question in Real Estate Law in California
Security Deposit
Upon disputing items that were deducted from my security deposit, the landlord claims these items were ''new'' when I moved in almost 5 yrs prior, two of which were stated on the initial walk thru as broken. The other items I did not mark on the walk thru, my own mistake. Can I require the landlord to provide receipts to prove this claim? Since two ''new'' items were clearly not new, does that support my own claim for the additional items that I didn't note on the walk thru? Is a broken sliding glass door lock (lever only, like a light switch) considered normal W&T? Where can I get a more detailed ''outline'' of normal W&T?
1 Answer from Attorneys
Re: Security Deposit
You should simply sue the landlord to recover your security deposit. With a small claims case that isn't that bad. Wear and Tear is when something wears out. If there's no sign of some physical force or trauma to the object then it's probably normal Wear and Tear. Ultimately it's going to be up to the judge to decide. So you can sit, and study on the problem as long as you want. However, the judge has the power to eliminate that problem for you and make a final determination.
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