Legal Question in Real Estate Law in California

Tenant or Owner liability for prexisting damage to walls

If the walls of an apt unit had not been painted by the owner or anyone for 11 years, and the tenant requests the owner to paint it, but he refuses, and tells the tenant to repair the damaged walls (discoloration, paint peeling) so reluctantly, the tenant goes ahead and repairs it, but repairs it with wallpaper in a way that the master tenant doesn't like, can the master tenant deduct the cost of replacing the wallpaper and repainting the walls from the tenant's security deposit, AND can the Master Tenant charge the tenant additional monies if the purported cost exceeds the balance of the Security Deposit refund?


Asked on 9/26/01, 8:19 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Tenant or Owner liability for prexisting damage to walls

Who is the "master tenant"? Are you subletting a room from someone else?

Generally, you should not have used wallpaper to cover the walls. You could have painted the unit, and then billed the landlord for the cost of doing so.

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Answered on 11/13/01, 4:57 pm


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