Landlord-tenant question - security deposit for ripped floor
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Date: September 27th, 2016 6:41 PM Author: Big cruel-hearted box office
state is CA.
FACTS:
L and T signed lease. lease has an additional info section and states that there is new linoleum in kitchen and bathroom, and other things like new paint and new fans.
T gets keys and moves in a few days later. L doesnt conduct a walk-through with T at move-in.
T notices are various damages in the apartment, including that there is a 9" rip in the kitchen linoleum. other damages include a crack in the door, chips in the plaster of the sinks and showers, etc.
at move-in, T takes photos of various damage to document the condition. T doesnt notify L of any of this.
at move-out, L notices the ripped linoleum.
POSITIONS:
L claims that T is responsible for the rip. L says that even if the photos prove that T received the apartment in the condition with the rip, T failed to notify L of the problem. L claims that because the floor was new, he could have taken it up with the installer at the time, and now it's too late for him to do so.
T claims that he didnt cause the damage, and has dated photos to prove it. T claims that L's grievance is with the installer, not him. T claims that there was no reason to notify L of the rip because 1) it isnt like a leak that was going to get worse and cause further damage, and 2) there were a bunch of other things were wrong with the apartment and there was nothing special about this rip.
***
who wins?
(http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31507623) |
Date: September 29th, 2016 12:57 AM Author: concupiscible abode
interesting fact pattern, any relevant provisions in the lease agreement?
edit: w/o knowing any specifics about common law, i agree that the burden is on you to prove you didn't damage it. judge can choose to weigh the facts and evidence (your timestamped pics) or decide it's not worth the effort and just rule in LL's favor. even if the judge bothers to look at your cell phone pics (not sure how this works, do you literally hand the judge your cell phone?) who's to say you didn't cause the rip on move in and immediately take a pic of it? doesn't really prove you didn't cause it.
(http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518540) |
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Date: September 29th, 2016 1:22 AM Author: Big cruel-hearted box office
Lease says something like this:
CONDITION OF PREMISES: RESIDENT acknowledges that he has examined the premises and that
said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on
the attached inventory sheet, if any, and/or all other items provided by OWNER are all clean, and in good
satisfactory condition except as may be indicated elsewhere in this Agreement.
(http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518650) |
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