Legal Question in Real Estate Law in California
Renter question.
I recently moved out of my appartment. We lived there for 1 year and 4 months. My land lord is trying to charge me for 2 carpet cleanings, and for repainting a spot in the hall way. How long are you allowed to live in an apartment, before it becomes normal wear and tear? Can they charge me for these services. I was told by a friend that after a certain amount of time they are required to paint and clean the carpets, due to normal wear and tear. My friend could not remember the amount of time.
1 Answer from Attorneys
Re: Renter question.
Well, your friend is wrong; there is no certain time. Neither the legislature nor the courts presume to know how long carpets or paint jobs should last.
Further, landlords are under no obligation to recarpet or repaint at any particular time, or at any particular stage of wear, unless this is expressly or impliedly set forth in the lease.
My father lived in the same apartment for 23 years, and all he ever got from the landlord was rent increases. However, when he finally moved out, the landlord conceded that all the needed refurbishing was due to normal wear and tear.
As to what is normal after only 16 months, I would expect not much, but this general issue (of what is normal wear and tear and what is tenant responsibility) is not set in stone and is often litigated, and the judge or jury decided on the basis of facts and circumstances, evidence and testimony, and not by reference to a statute or formula.
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