Summary
In California, landlords must provide evidence of a rental units condition before and after tenancy to justify damage claims. Without photos or a checklist, proving damages can be challenging. The age of paint may influence wear and tear assessments. Mediation or legal advice may help resolve disputes. Landlords are responsible for providing a move-in checklist to document the propertys condition.Full Conversation
In a tenant landlord dispute-- the landlord is charging the tenant for excessive wear and tear. Would the landlord need to provide pictures of the unit before the tenant moved in?
In California, landlords are generally expected to provide evidence of the condition of the rental unit before and after a tenant's occupancy to justify any deductions for damages. Photos or a move-in checklist are commonly used as evidence. Do you have any documentation from the move-in inspection?
The only documention came from the tentant that there were scratch and scuffs on the wall. No photos were provided by the landlord
In California, landlords typically need to prove the condition of a rental unit before and after a tenant's stay to justify damage deductions. This often includes photos or a move-in checklist. Without such evidence, it may be challenging for the landlord to claim damages. Have you considered discussing this with your landlord?
The landlord is accusing me of exisiting damages clamining wear and tear
In California, landlords must prove the condition of the property before and after tenancy to justify deductions. Without photos or a checklist, it's difficult for them to claim damages. Discussing this situation with your landlord might clarify misunderstandings. Have you considered negotiating or seeking mediation?
yes. they did not settle
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It seems you have already attempted to negotiate with your landlord but without success. You might consider seeking mediation services or legal advice to help resolve this dispute. If the landlord lacks evidence of the property’s condition before your tenancy, their claim might not hold in court. Would you like more information on mediation services in California?
would the age of the paint be a relevant point in the case matter?
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In California, the age of the paint could be relevant if it impacts the assessment of normal wear and tear versus damages. If the paint was already old or deteriorating, it might support your argument against the landlord's claims. Consider documenting this for any negotiations or disputes.
what is the normal process of a move-in checklist?
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The normal process of a move-in checklist in California typically involves:
- Inspecting the property with the tenant present.
- Documenting the condition of each room and feature.
- Taking photos for visual evidence.
- Both parties signing the checklist to acknowledge the property's condition.
Do you have a specific concern regarding your move-in checklist situation?
who's responsibility is it to provide a move-in checklist?
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In California, it is generally the landlord's responsibility to provide a move-in checklist for the tenant. This checklist serves as a record of the property's condition at the start of the tenancy, helping to prevent disputes over damages later on.