Landlord Tenant Dispute Resolution

Summary

In California, landlords must provide an itemized statement of deductions within 21 days of move-out. Tenants are not typically responsible for damages from normal wear and tear or hidden defects. Landlords must maintain rental properties and address issues like hidden leaks promptly. If a landlord charges for damages after move-out, tenants can negotiate or consider small claims court. Gather evidence, such as emails or photos, to support your case. Consult a local attorney for personalized advice.

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Ani
Hi Ani! How can I assist you with your legal issue today?
We are having a landlord-tenant dispute where our landlord is trying to charge us for damages resulting from a hidden appliance leak that caused mold 6 months prior to our move out. Now after move out, he is including these charges in our security deposit deductions and is requesting additional money in compensation.
That sounds frustrating, Ani. In California, tenants have specific rights regarding security deposits and landlord responsibilities. Here are some key points:
- Landlords must provide an itemized statement of deductions within 21 days of move-out.
- Tenants aren't typically responsible for damages resulting from normal wear and tear or hidden defects.
- Landlords are responsible for maintaining rental property and addressing issues like hidden leaks promptly.
Do you have documentation or evidence, like photos or communication, about the leak and mold issue?
Here is the email we received:
Thanks for sharing the email. It's good that you have documentation. You might want to consider the following steps:
- Review the itemized statement from your landlord.
- Gather all evidence, such as emails or photos.
- You can try to negotiate with your landlord or consider small claims court if needed.
Would you like information on how to proceed with small claims court in California?
Partial Cost for Mold Remediation: $*,* The professional inspection was scheduled after you notified us of a leak. According to your own account, the leak was only discovered after a neighbor observed water outside the unit and alerted you. This inspection subsequently confirmed extensive mold from a long-term refrigerator leak. As documented in the attached report here from *-* WATER DAMAGE, the leak was estimated to be ongoing for at least four months, and visible mold was present in a high-traffic area near the entry door. Your lease agreement, specifically Clause *.A, required you to "immediately notify Housing Provider... of any problem, malfunction or damage.". The total remediation cost was $*,*. Although Clause *.A also states, "Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner," we are only charging for *% of this cost ($*,*) Receipt is here.
Case Rating: *
It seems like a complicated situation, Ani. Since your landlord is charging for damages after move-out, and there's a dispute about responsibility due to a hidden leak, it could be worth considering small claims court. If you'd like, I can guide you on how to proceed with small claims court in California. Would you like that information?