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  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Default Charge for Paint

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

    We lived in a house for 25 months. The house was not painted before our move and we never got to see the unit unoccupied until we moved in. We have photos showing writing on the wall and dirty baseboards. The property management company offered to buy us Magic Erasers so we could clean them ourselves but we said "No, thank you".

    During the pre-moveout inspection (the house was completely empty [we had moved out] when that occurred; we handed over the keys the following day) we were told we would be charged only $60 for cleaning out of $2,500 deposit. I have this in an email, saying the unit has no damage beyond normal wear and tear.

    Today, exactly 20 days after the lease ended we got a letter saying that they have withheld $200 for painting costs. They claim they did it because of marks on the wall (due to couch!). The house was last painted 5 years ago, and during the pre move out inspection the property management person noted that the unit would have to be painted at the owner's cost.

    I think this is unlawful according to California Civil Code Section 1950.5 (Reference: Brown, Warner and Portman, the California Landlord's Law Book, Vol. 1: Rights & Responsibilities, pages 20/15-20/16 (NOLO Press 2005).) and have told them so. Am I right?

    Thank you.

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