Legal Question in Real Estate Law in California

Re: Unecessary Charges

These matters are sometimes covered by terms in the lease. Absent specific language requiring the tenant to replace carpet and linoleum [a capital improvement], the landlord is generally limited to cleaning and repairing damages that are not ordinary wear and tear. Your only obligation is to return the premises in clean condition, ordinary wear and tear excepted. Tenant can be charged for damages that are not ordinary wear and tear. Your description sounds like ordinary wear and tear. Landlord must refund your security/cleanning deposit, or what is left within 3 weeks and provide a detailed statement about how landlord used your deposit.If landlord violates these laws in bad faith, he can be liable for actual damages plus statutory damages of up to $600. Civil Code of California, Sec. 1950.5. Small Claims court has jurisdiction of all such claims up to a $5,000 limit. Good luck.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553