Legal Question in Real Estate Law in California

Our landlord refused to give us an initial inspection of our apartment before we moved out and is now trying to charge us the cost of new carpeting and painting of the entire apartment. We feel these charges are unjust and we want to recover our entire security deposit. What is the best course of action?


Asked on 8/25/09, 12:20 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unfortunately, this topic is fact-driven and often litigated. "Normal wear and tear" is seemingly incapable of strict definition. There is no black-and-white law that is going to give you an assured win if you wave it in the landlord's face, nor does the landlord have the benefit of any precise legal standards for calculating what you owe, if anything.

I would say re-read your lease, be prepared to negotiate and reason with the landlord, and if that doesn't work, read up on small-claims procedures.

Does the lease or rental agreement have any specific dispute-resolution requirements, such as a mediation process? Probably not, but look for it.

Take pictures for use as evidence if you still can.

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Answered on 8/25/09, 12:53 pm


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