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Landlord-tenant question - security deposit for ripped floor
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Date: September 27th, 2016 6:41 PM Author: clear 180 native partner 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.
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who wins? |
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Date: September 28th, 2016 2:04 PM Author: Vigorous bawdyhouse queen of the night The Landlord obviously because the tenant is clearly retarded and a judge in landlord tenant court isn't going to believe a retard. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513256) |
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Date: September 28th, 2016 2:05 PM Author: clear 180 native partner why is the tenant retarded? (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513274) |
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Date: September 28th, 2016 2:08 PM Author: Vigorous bawdyhouse queen of the night (tenant) (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513301) |
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Date: September 28th, 2016 2:11 PM Author: clear 180 native partner (substantive poaster) (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513329) |
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Date: September 28th, 2016 2:14 PM Author: Vigorous bawdyhouse queen of the night (literal retard who took photos of a damaged floor on move in day and didn't inform his landlord) (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513363) |
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Date: September 28th, 2016 2:16 PM Author: clear 180 native partner so how does that lead to liability? (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513378) |
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Date: September 28th, 2016 2:49 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513806) |
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Date: September 28th, 2016 4:50 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31514683) |
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Date: September 29th, 2016 12:53 AM Author: Thriller at-the-ready national damage exists on move out, burden shifts to T to prove it's pre-existing, T cannot prove, T is liable also in the K there is probably something about "any damage not reported by T on move in shall be deemed T-caused" |
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Date: September 29th, 2016 12:59 AM Author: Lemon motley meetinghouse regret wait wut, T can prove it by testimony and photos. if this guy is credible in any way, a judge could find it pre-existing by preponderance of the evidence.
lol @ some shitlib CA court giving a shit about a provision like "any damage not reported by T on move in shall be deemed T-caused." |
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Date: September 29th, 2016 12:52 AM Author: Thriller at-the-ready national it takes two seconds to change a photo's "taken on" date to literally any date you want. Those pics aren't proof of shit. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518490) |
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Date: September 29th, 2016 12:54 AM Author: Lemon motley meetinghouse regret rofl, how many shitboomer small claims court judges know you can modify the exif data on a photo? (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518511) |
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Date: September 29th, 2016 1:00 AM Author: Spectacular rehab All of them since they see this BS 100x a day. Also, small claims in NY and a fuckton of other places is just arbitration and your arbitrator is a shitlawyer volunteer and not a judge. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518552) |
Date: September 27th, 2016 6:47 PM Author: violent crotch stock car global capitalism (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31507659) |
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Date: September 27th, 2016 6:55 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31507723) |
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Date: September 27th, 2016 7:26 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31507965) |
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Date: September 27th, 2016 8:42 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31508445) |
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Date: September 27th, 2016 8:42 PM Author: High-end roommate whorehouse Depends on city laws / regs. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31508448) |
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Date: September 27th, 2016 8:49 PM Author: clear 180 native partner what possible city reg could be on point? (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31508514) |
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Date: September 28th, 2016 2:03 PM Author: azure stead No nigger policy. Section 1776 of the UNITED NO NIG accord. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513243) |
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Date: September 28th, 2016 2:02 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31513236) |
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Date: September 28th, 2016 8:21 PM Author: clear 180 native partner (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31516125) |
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Date: September 29th, 2016 12:57 AM Author: Spectacular rehab The black letter law in this area is largely irrelevant. Tenants just use their deposits for last months rents. Landlords will never sue over a defect or deficiency unless they are mentally ill or the defect is solidly in the 5 figures. At the same time this is also why 90% of rental units universally suck balls and are all laminate flooring and shit fixtures. Tenants are scum and so they get scum. (http://www.autoadmit.com/thread.php?thread_id=3366757&forum_id=2#31518535) |
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Date: September 29th, 2016 12:57 AM Author: mint heaven new version 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. |
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Date: September 29th, 2016 1:14 AM Author: Ivory aromatic stag film genital piercing "NO! don't swipe past pic #2!" *judge gasps in horror as he flips to pic after pic of destroyed pillows covered in fluids* "welcome to my harem" the tenant mutters as the judge finds for the landlord |
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Date: September 29th, 2016 1:22 AM Author: clear 180 native partner 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. |