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Landlord Clams Paint is Damaged Because of Smoking

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  • 12-17-2015, 03:18 PM
    wolfsheim
    Landlord Clams Paint is Damaged Because of Smoking
    My question involves landlord-tenant law in the State of: California

    My ex-landlord claims that the paint above the heater in my room is damaged because of smoking. The heater is electric and located at the bottom of the wall. I suspect that coming heat could make the paint look uneven, but not exactly sure what happened. Or maybe the paint was damaged before I moved in (before I moved in the landlord mentioned that the previous tenant had smoked in the room).
    I could smoke outside the house once in a while with a glass of wine on Friday, but I've never smoked in the room, and I generally don't smoke more than a few cigarettes per month. I'm not sure if I can prove anyhow that I didn't smoke inside, and whether it makes sense to dispute the claim given I didn't make any pictures before I moved in, or just pay for painting the whole room. Could you please give me some advice?
  • 12-17-2015, 04:35 PM
    adjusterjack
    Re: Landlord Clams Paint is Damaged Because of Smoking
    Are you still living there?
  • 12-17-2015, 04:42 PM
    wolfsheim
    Re: Landlord Clams Paint is Damaged Because of Smoking
    No, I moved out a few weeks ago.
  • 12-17-2015, 04:50 PM
    adjusterjack
    Re: Landlord Clams Paint is Damaged Because of Smoking
    Then I suggest you insist that the landlord let you back in so you can inspect and verify the alleged damage.

    Take a camera with you.

    If he's already repainted and expects you to pay, your options are to pay, negotiate a written settlement agreement for less, or refuse to pay and see what happens.
  • 12-17-2015, 05:07 PM
    jk
    Re: Landlord Clams Paint is Damaged Because of Smoking
    I'm presuming the room was not repainted before you moved in so;

    how long did you live there? Any idea how long the previous tenant lived there? Any idea how old the paint is?

    The purpose for the line of questioning is even if you do end up paying for repainting, the landlord cannot charge the full price of the work but only a percentage based on how old the existing paint is
  • 12-17-2015, 05:30 PM
    wolfsheim
    Re: Landlord Clams Paint is Damaged Because of Smoking
    It hasn't been repainted yet. What's my options once I have the pictures?

    - - - Updated - - -
    @jk
    Thanks for showing me the interesting direction. I lived there a little less than a year. I found here http://www.dca.ca.gov/publications/l...k/catenant.pdf that I cannot be charged more than 2/3 of the cost of repainting.
  • 12-17-2015, 05:37 PM
    jk
    Re: Landlord Clams Paint is Damaged Because of Smoking
    Wash the paint new when you moved in? If not that time is added to the used life of the paint.
  • 12-17-2015, 05:51 PM
    Mr. Knowitall
    Re: Landlord Clams Paint is Damaged Because of Smoking
    Quote:

    Quoting wolfsheim
    View Post
    ...that I cannot be charged more than 2/3 of the cost of repainting.

    That's not actually what the document states. It gives a two year depreciation schedule as an example, noting "some landlords assume that interior paint has a life of three years or more". You should only be charged a depreciated value for the paint, but your former landlord may argue that the paint has a considerably longer life than the example used in the guidebook. Also, as jk indicates, the depreciation starts from the date the unit was last painted, not the date you moved in, so even if you were in residence for only a year you could be entitled to depreciation based upon the unit's not having been repainted for three or four years (or however long it happens to be since the unit was last painted).

    If the matter is litigated, absent something very unusual about the unit, I would expect a court to be very skeptical of a landlord asserting that paint should be depreciated over a period longer than four or five years.

    In states that require it, it really is best to avail yourself of the option of a final inspection before you move out. It's also best to have pictures of your unit from both when you move in and when you move out. Did your landlord notify you of your right to a final inspection, to be conducted prior to your moving out, when made aware that you were departing? (Civil Code Sec. 1950.1(f)(1): "Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection....")
  • 12-17-2015, 05:59 PM
    wolfsheim
    Re: Landlord Clams Paint is Damaged Because of Smoking
    I'm not an expert in paints, but I don't think it was new. The house was sold in 2013 so I think it was at least 1 year old when I moved in, but probably older.
    So how does it affect the deduction saying the paint was 1 year old when I moved in?
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