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Common Area Damages - Who Should Be Charged

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  • 07-07-2011, 01:10 PM
    mwhitlatch
    Common Area Damages - Who Should Be Charged
    My question involves landlord-tenant law in the State of: California
    I live in an over 55 community. The landlord is charging me for "common area" damages by the elevator and outside my front door. She states she has my roommate on security camera doing the damage at the elevator (with his electric scooter). However they have declined to let me view the footage. She also claims to have repaired the damage at the front door and is billing me again for additional damage. The original damage was never repaired to my knowledge. She presented me with an invoice for $475. This does not sound legal to me, I thought common area damages would be charged to everyone until it's proven one tenant actually did the damage.
  • 07-07-2011, 01:39 PM
    antrc170
    Re: Common Area Damages - Who Should Be Charged
    The LL can only charge you for the total repair amount if he can show that you or someone you are responsible for (non-leasee roommate, family member, guest, etc) is directly responsible for the damage. If you disagree with the bill send the LL a certfied letter with your dispute listed. The LL will then have to take you to small claims and present the evidence to the judge showing that you are the sole responsible party.
  • 07-07-2011, 07:18 PM
    Mr. Knowitall
    Re: Common Area Damages - Who Should Be Charged
    The landlord could also give notice ending a month-to-month tenancy or decline to renew at the end of the lease term.

    When you asked your roommate if he caused the damages, what did he say?
  • 08-17-2011, 05:11 PM
    mwhitlatch
    Re: Common Area Damages - Who Should Be Charged
    My roommate admitted to the damage by the elevator, but not other areas the landlord charged for. The landlord has recently sent a letter saying he is in technical breach of his lease agreement and will be asked to leave if more damages occur. Does this mean I will have to leave too? Or just my roommate?
  • 08-18-2011, 06:31 AM
    Mr. Knowitall
    Re: Common Area Damages - Who Should Be Charged
    Ask your landlord.
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