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  1. #1
    Join Date
    Feb 2015
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    5

    Default Excessive Repainting Charges for a Small Area of Damage

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

    Hello!

    My initial security deposit was $2350. My landlord has provided a list of charges, of which all I accept, except for one charge. She is claiming a total of $1880 for grout and paint. $80 for grout cleaning and $1800 for paint. The grout cleaning, I don't agree with, but it's just $80 so it's something I can live with. She is trying to charge us $1800 for a 2 foot by 2 foot area of wall which have some scuff marks from something that used to hang there but broke lose from the nail. When I say scuff marks, I mean a 1/4 circle of radius 6 inches, that can easily be painted over (I would have done it myself if I had the proper color paint).

    As per California state law (the 21 days one), I have asked her to provide me a itemized statement of all the charges, and all it says on the statement is "paint job done on the damaged wall and surrounding downstairs area", with a charge of $1800 next to it. When we talked (her ex-husband, contractor, and her) about the condition of the house when we checked out, we said that the only part of the wall we were responsible for was the scuff marks. Keep in mind that this house is extremely old, half the electrical outputs in the house don't work, the wallpaper is peeling, the ceiling looks like it's made out of some sort of asbestos material (which would fall down constantly, leaving a lot of our belongings with a constant coat of white-ish dust). Basically, when we moved in, it was already a dump and we have a few pictures which prove the situation. Another interesting fact is that the damages add up to EXACTLY $2350, which I find very suspicious. (1880 + 470) $470 for carpet cleaning, dumping, etc. I am willing to pay $470 + some amount for the paint job (not $1800).

    My question is, is there anything I can do about the $1800 paint job for a small 2x2 area? I suspect that she is trying to use our security deposit to repaint the entire house, and if so, we would never know about it, since we would never be able to enter the premise. When I ask her about it, she keeps saying that it is a value received from the contractor. I am willing to spend time and money to fight her in small claims court about this.

    Thank you for any help.

  2. #2
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Landlord Taking $1800 of Security Deposit for Small (2x2) Scuffed Wall

    Move in pictures are good, how about "Move out" pictures? Especially for the damaged area. Does your lease say anything about the security deposit, and what it may/will be used for? Grout cleaning is one I haven't heard. How long did you live there?

  3. #3
    Join Date
    Sep 2005
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    Default Re: Excessive Repainting Charges for a Small Area of Damage

    Quote Quoting Soaps
    View Post
    My question is, is there anything I can do about the $1800 paint job for a small 2x2 area?
    While you may have only damaged a small area, it will often be necessary to repaint the wall, or even the room, to correct paint damage. Painting only the damaged area will result in an obviously mismatched area of paint -- even if the color is reasonably matched, the newly painted area will 'flash'.

    That said, a tenant is liable only for the depreciated value of the repainting that is necessary to correct the damage. So let's say that the paint bill accurately represents the cost to repaint the area. If the paint job has a reasonable useful life of ten years (that would be long for paint in a rental), and it was eight years old at the time you moved out, then you would be responsible only for 2/10 of the bill -- the two remaining years of useful life divided by the total useful life. Many landlords use a four-year lifespan for paint, meaning that after four years basic repainting is not chargeable to the tenant; some use two years.

    On top of that, I suspect that you're correct -- that the charge is for painting far more than the wall, or even the room, where the damage occurred.

    Have you formally requested documentation of the actual cost of repair?
    Quote Quoting California Civil Code, Sec. 1950.5(g)
    (g) (1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and tenant may mutually agree to have the landlord deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and the tenant may also agree to have the landlord provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant.

    (2) Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises, as follows:

    (A) If the landlord or landlord's employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.

    (B) If the landlord or landlord's employee did not do the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.

    (C) If a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.

    (3) If a repair to be done by the landlord or the landlord's employee cannot reasonably be completed within 21 calendar days after the tenant has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession within 21 calendar days after the tenant has vacated the premises, the landlord may deduct the amount of a good faith estimate of the charges that will be incurred and provide that estimate with the itemized statement. If the reason for the estimate is because the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession, the itemized statement shall include the name, address, and telephone number of the person or entity. Within 14 calendar days of completing the repair or receiving the documentation, the landlord shall complete the requirements in paragraphs (1) and (2) in the manner specified.

    (4) The landlord need not comply with paragraph (2) or (3) if either of the following applies:

    (A) The deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125).

    (B) The tenant waived the rights specified in paragraphs (2) and (3). The waiver shall only be effective if it is signed by the tenant at the same time or after a notice to terminate a tenancy under Section 1946 or 1946.1 has been given, a notice under Section 1161 of the Code of Civil Procedure has been given, or no earlier than 60 calendar days prior to the expiration of a fixed-term lease. The waiver shall substantially include the text of paragraph (2).

    (5) Notwithstanding paragraph (4), the landlord shall comply with paragraphs (2) and (3) when a tenant makes a request for documentation within 14 calendar days after receiving the itemized statement specified in paragraph (1). The landlord shall comply within 14 calendar days after receiving the request from the tenant.

    (6) Any mailings to the tenant pursuant to this subdivision shall be sent to the address provided by the tenant. If the tenant does not provide an address, mailings pursuant to this subdivision shall be sent to the unit that has been vacated.

  4. #4
    Join Date
    Feb 2015
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    5

    Default Re: Excessive Repainting Charges for a Small Area of Damage

    Thanks for replying and for the perspective you guys have given me so far.

    http://housing.ucsc.edu/cro/pdf/rent...le-monthly.pdf

    This is essentially the only lease we signed, except the lease was for one year. In my personal opinion, I would classify grout as wear and tear, not a responsibility of the
    tenant.

    Have you formally requested documentation of the actual cost of repair?
    We lived there for one year, and I have been requesting her to send me proof of the $1800 charge all day, yet she has just been responding with the same emails over and over again (mainly, she claims that we are accusing of her of false facts, etc: we're not).

    Also, I just read through the rental agreement, and realized that she never gave us a two weeks notice to fix issues in writing, all we had was a move out inspection on the day our lease ended.

    That said, a tenant is liable only for the depreciated value of the repainting that is necessary to correct the damage.
    I agree with that and would willingly pay for that. I also suspect that the last time she painted the house was over a decade ago.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Excessive Repainting Charges for a Small Area of Damage

    You can always sue her for not returning your deposit and let her prove herself to the court.

  6. #6
    Join Date
    Jun 2015
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    988

    Default Re: Excessive Repainting Charges for a Small Area of Damage

    Your opinion is not quite as important as law and convention and the LLs burden of proof

    I was a LL for a long time, elsewhere ..add a grain of salt.

    Unless the lease and law say otherwise ....cleaning is wear and tear ...grout cleaning, rug cleaning, etc

    What broke loose from wall?
    I can repair scratches and paint an entire interior wall for a tiny fraction of the sum you mention ...and my credibility if in court might hit negative if I presented same

  7. #7
    Join Date
    Feb 2015
    Posts
    5

    Default Re: Excessive Repainting Charges for a Small Area of Damage

    It was a small plastic basketball hoop that my housemates hooked up, attached by two small nails. One of the nails slipped out of the wall and while we were removing the whole hoop, it skidded along the wall for a small half semicircle outline.

  8. #8
    Join Date
    Jun 2015
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    988

    Default Re: Excessive Repainting Charges for a Small Area of Damage

    Well two small nails to hold a picture , and one falls out and the picture skids..probably is wear and tear ..depends on mood of judge....as Ll I prevailed with a bit of theater and 16 p nails ..but that not what you describe.

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