Legal Question in Real Estate Law in California

Tenants paying cost for normal wear and tear
My landlord had us sign an agreement stating we would pay road maintenance and pay to have his decks painted and refinished, we are receiving no compensation for this and this is being done due to normal wear and tear, not because of any damage caused by us, even though we have signed paperwork agreeing to this is it legal for him to require us to pay for these things?

Asked on 10/08/02, 11:01 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Tenants paying cost for normal wear and tear

Yes. We pretty much have 'freedom to contract' in America, and if two parties sign a contract, the court will not usually examine it from the standpoint of whether the terms are unusual or whether it is somewhat lopsided. You are free to make a bad bargain.

Having said that, I hasten to add that there are a couple of possible exceptions that might apply here. First, in almost all contracts, there must be some 'consideration' given by each side. If the agreement you signed assigns all the burden to you and you get no benefit at all, it might be void for lack of consideration. If, however, the maintenance matters are merely among the terms of a lease, the landlord's giving you possession of the property for the duration or the lease is the consideration.

The other exception is that our freedom to contract is limited by 'public policy' in that one cannot contract to do what is illegal, immoral or harmful to the public interest. This doctrine has been extended to residential leases to preclude, for example, clauses where tenants give up their right to sue the landlord for his gross negligence. However, I doubt there are any policy reasons that preclude tenants agreeing to pick up maintenance for normal wear and tear items, if there is no coercion or deception.

Answered on 10/08/02, 2:04 pm

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