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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Landlord Adding Damages Not Listed on Intial Move Out Inspection

    My question involves landlord-tenant law in the State of: California

    I have a written initial move out inspection from the landlord saying my washing machine was fine. A couple days later, she sends me an email saying that the washing machine has a leak and needs to be replaced. In the lease it says that the landlord is not responsible for maintaining the washing machine, but does not say that the tenant is responsible for it. I did notice the leak a week before we moved it, but it was really minor and forgot about it.
    If it was not listed on the initial move out inspection checklist, can she still charge me to replace the washing machine?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,950

    Default Re: Landlord Adding Damages Not Listed on Intial Move Out Inspection

    There's a difference between being responsible for maintenance during your tenancy, and being responsible for the effect of ordinary wear and tear.

    I expect that the lease says, more or less, that if the washing machine needs repair or service during your tenancy you have to pay for that service.

    Here we appear to be talking about an old washer that simply wore out - if that's the case, that should be your landlord's problem to deal with. At most you would be responsible for the depreciated value of the washer. Tell us about the washer and its age.

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Landlord Adding Damages Not Listed on Intial Move Out Inspection

    The lease says "The following items of personal property are included in the premises without warranty and landlord will not maintain, repair or replace them: washer"
    Does this exclude me from fixing it?

    I used the washer normally and did not overload or break it. She is looking to buy a used one to replace it up to $300.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,950

    Default Re: Landlord Adding Damages Not Listed on Intial Move Out Inspection

    The language you quote means that if a problem arises, you have to fix it or deal with the fact that the appliance does not work. It does not alleviate you of responsibility for damage you cause, nor does it make you responsible for ordinary wear and tear.

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