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  1. #1

    Default Ordinary Wear And Tear, Or Damages

    I live in california. The owner to my previous rental of 2 years purchased a home for us (my children and I) in a better area because I was planning on moving because of the area. We were given 3 weeks to vacate the old house in which the owner did assist us with the move. Now he is charging me for holes in the walls that were already there and it was noted on the original lease, paint, front door jam because I put nails in to reinforce it, kitchen back door handle that had no damage upon leaving, and has just included damage to the garage door 2 months later. Upon entering the new home he agreed to allow me to purchase the jaccuzzi in the back yard at that time I gave him $250 of the $500. He now has recinded that agreement ( I have a receipt). He also wants to turn the property over to a management company and I feel it will be to try and evict me (he stated he wanted me out). I am not sure what to do because now he wants me to sign a new lease agreement and discard all the notices and charges he has given me. He said If I do not sign the new one I have to move out.
    What's normal wear and tear and can he make us leave with the original 1 year lease? Also he has been paying for the repairs with his business checks (which is grant money for a program he runs) and charging me can he do that?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease agreement

    California has put together a very extensive guide to tenant rights - available for download here (in PDF format). Security deposits are discussed from page 50 through page 62. The document suggests how to approach various types of repair, suggesting what would constitute ordinary wear and tear versus damage, at pages 57-58.

    You are in an awkward situation, given that the landlord wants you to sign a new lease, and given that these demands are being made by somebody who (for now) will continue to be your landlord.

  3. #3

    Default Re: Lease agreement

    An agent from the Management company accidentially came to our new house yesterday and informed me that she is taking over the property. But on the letter she wanted me to sign it stated "The lease agreement terminates on Sept. 15, 2006 . Tenant shall vacate the premises upon termination of the Agreement. Does that mean if he turns it over that I have to move if I refuse to sign the new lease?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease agreement

    It means that if you don't enter a new lease or agree to move, they can treat you as a holdover tenant and seek to evict you.

  5. #5

    Default Re: Lease agreement

    Even with the 1 year Lease agreement the owner and I signed upon moving into this new house? The owner can force me to sign a agreement with the management company even if he did not state that in the original lease agreement?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease agreement

    The one year agreement for a different house, which you signed two years ago?

  7. #7

    Default Re: Lease agreement

    No this is a new lease for the new house that we just moved into and it is for one year.
    The deposit questions pertained to the old house we rented for 2 years from the same owner.

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