Legal Question in Real Estate Law in California

Is tenant responsible for damages while living at property

I am a landlord. I went to the rental prop. to do some touch up repairs. When I went to paint the entry door to the garage I noticed a large crack going to the door knob from the bottom of the door up. I removed a kick plate that the tenants put on the door without my approval and found the door to be damaged, which looked as if someone had kicked the door in. When I noticed the kick plate several months prior, I informed the tenant verbally that any repairs or alterations must be approved by landlord (myself)first and left it alone. When I went to paint the door I brought it to their attention, him and his wife both claimed that they did not know how it happened, and the wife asked me what was I looking for and why did I remove the plate. I informed her that the crack was not their when they rented the house. Since then, they have claimed that I have harrased them and invaded their privacy.I informed them that they will have to replace the door. They recently gave me a 30-day notice. If they do not replace the door can I take it from their deposit, especially since they state they don't know how it happened. This is also the second door to the residence they would have to replace.


Asked on 2/06/02, 1:21 am

2 Answers from Attorneys
Judith Deming Deming & Associates

Re: Is tenant responsible for damages while living at property

Yes, you can deduct the cost from their security deposit; that said, there is no way to prevent them from disputing your entitlement to do so.

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Answered on 2/06/02, 12:17 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Is tenant responsible for damages while living at property

Tenants are not responsible for normal wear and tear. If the door was not cracked when they moved in, and especially if you did a walk through, and it was not noted, then you should be able to withhold the cost of replacing the door from the security deposit.

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Answered on 2/06/02, 1:39 am


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