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Normal Wear & Tear

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Reinermom

Member
What is the name of your state?CA
Term of Lease 10/1/03 thru 4/1/04.

Gave 30 day notice.

200.00 performance, damage and cleaning deposit & 1st month rent.

Upon move in to apartment rug had been steam cleaned, no fresh paint but was clean. Now after kids decided not to continue lease they charged the kids $225.00 to paint the entire apartment, $60 for steam cleaning rug, and $108 for cleaning charges (18/h x 6 hours). This was a 2 bedroom apartment. The kids and I cleaned it, the exception was the oven, steam cleaning carpet and windows. Maybe 3 hours but...

The itemization does not have who did the painting (assume the apartment complex as it is handwritten) states they used 3-1/2 gal flat paint and 1 gallon gloss. Also notes "did complete repaint on apt all walls where dirty enough to repaint. No injury or damage to report". Painting is charged at 23.50/hour - bill for paint totaled 225.00... so what is normal wear and tear.

The total bill owing is 193.00 but to college kids that is a bunch of money. I am in agreement with cleaning and steam cleaning although I think 6 hours to clean a 2 bedroom apartment is excessive...and question if they are responsible for painting.... opinions?
 


JETX

Senior Member
"so what is normal wear and tear"
*** They are clearly responsible for damage that they caused, and not liable for 'normal wear and tear'. However, the law does not (and cannot) define what 'normal wear and tear' are. That is entirely up to the interpretation of the parties..... and is the most contentious (and common) landlord-tenant argument.
Here are some 'guidelines' on what is damage and what is not..... but again they are NOT firm, set or chiseled in concrete:
http://www.ca-apartment.org/default.asp?ID=495

Now, the question becomes.... is this enough of an issue for them to 'gamble' that a court would agree with them that it is NOT 'wear and tear'???
If so, have them go to the local small claims court and file on the landlord for improper deductions.
 
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