Issue on wear and tear...

3 views 2 answers
my landlord are deducting $400 on re-painting the apartment i used to live in. i rented the place for 3 years. should i be charged for this?? and can i ask for the receipts on the work that they done?

Attorney Answers

2
Frank Chen ·
Most likely not be charged for repainting. Yes, you can ask for receipts. The question comes down to what constitutes reasonable wear and tear for a 3-year tenancy. See http://www.dca.ca.gov/publications/landlordbook... which is the Department of Consumer Affairs webpage on this topic. It cites the following book for authority that paint has a useful life of only two years: Brown, Warner and Portman, The California Landlord's Law Book, Vol. I: Rights & Responsibilities, pages 384-385; (NOLO Press 2009).
0 upvotes
Kenny Tan ·
It depends why they need to repair the apartment. If they do it to make it look new to attract the new tenant, the answer is no, they can't charge that against your security deposit. But if the repainting is made necessary because your kids drew crayons on the walls, that's something else. CC 1950.5 requires the landlord to provide you a statement to account for the security deposit within 21 days after you vacate and they are required to attach all receipts if they hire an independent contractor to do the repairs. But they themselves or their employees did the work, they are not required to provide receipts (since they obviously can't unless they write receipts to themselves) in which case they will have to provide unit rates for the labor and the number of hours they spent making repairs.
0 upvotes