Ll Demanding to $5000 to Replace Counter Tops

[RippedOff1]

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

Apartment has corian counter tops. A small crack appeared on the surface to the right side of the stove last year, and has now grown into a huge ugly one. When informed, LL claims that the entire kitchen counter-top including the slabs on the other side of the stove have to be replaced due to color matching and is demanding almost $5000 to repair the counter-top. Caims that I caused the damage by placing hot pots on the top (no, I did not - this is my 7th year here and the crack only appeared last year. I did not suddenly start placing hot pots on the surface last year).

What can I do? Is there anything I can do at all? Please can you help me? Thank you for your feedback.

[flyingron]

First off, even if you idd cause the crack, you're not obligated to pay the replacement cost. He is only entitled to the depreciated value of the countertop. Second, he's blowing smoke. Placing pots on Corian would not cause cracks anyhow, perhaps some local discoloration. The cracks are indicative of a more serious problem (most likely poor installation) and not anything the tenant could do.

Frankly, I'd blow him off until it is move out time, and then if he tries to dock your deposit, write us back and we'll enumerate your rights then.

[adjusterjack]

What can I do? Is there anything I can do at all? Please can you help me? Thank you for your feedback.

For starters, I hope you've been photographing the progress of the crack from the time you first noticed it.

Plan to move when your lease is up, giving proper written notice. Then, if he tries to keep your deposit you can sue him in small claims court.

Meantime, do some research and gather some material about the durability of corian counter tops.

Corian countertops have been known to crack. When this happens it usually because the installer did not support it as per DuPont’s recommendations. It also is more likely to happen when heat is applied from small appliances, especially at a seam.

[pg1067]

What can I do? Is there anything I can do at all? Please can you help me?

These are all rather strange questions.

I assume your real question is whether you have any legal liability here, but we can't assess that intelligently without some information about how the damage was caused. All I can say is that the claim that undamaged portions of the counter need to be replaced "due to color matching" seems, at a minimum, specious.

[CONNOR99]

Tell the landlord that neither of your inexperienced opinions matter very much. Tell him that you are going to call a countertop installer for a professional opinion. Include, if his opinion is that you could not have caused the crack, then he will appear in court to testify to that. Tell him expert witnesses charge in the thousands to appear in court which he would be liable for if you won. So he better have his own costly expert witness to counter yours. Now there will be a lot on the table for him if he loses.

In your favor: Setting hot pans on Corian will discolor it first. IMO, it will not crack it. Also, Corian has been out of style for over 20 years, so I assume your countertop is very old and possibly brittle.

Not in your favor: The crack is near a stove or cooktop. Placing a lot of weight (standing) on that area can crack a countertop.

Get the opinion of a pro installer and then learn how to sue in small claims court. Suing someone sucks, but look at the alternative if he wants to be a harda$$.