Los Angeles, CA asked in Landlord - Tenant for California

Q: Who is responsible for painting the apartment after 5 years? The apartment had not been repainted before I moved in.

I recently moved out of an apartment after 5 years. The apartment had not been painted when I moved in. Now they are charging me $800 for repainting. They say they paid $1600 and took into consideration I lived there for a couple of years and are only churning me half. What do I do. I have a video of how left the apartment. I cleaned it and followed the Guide lines of their move out form. And on their move out form under miscellaneous they said to remove all nails and not to fill in holes that THEIR painters would do it. I live in Tempe Arizona. What do I do?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Under California Law, the LL is responsible for normal wear and tear, not the tenant. IMO, the answer to your question is that they are. If the lease said for you not to fill in holes, and they wanted professionals to do it after your move, you did what the lease said and they are responsible for it. But AZ law could be different.

Good luck getting your money back, you have to file in the jurisdiction where the apartment is. If you moved to Tempe, you have to come back to go to Small Claims. There could be penalties for wrongfully withholding the deposit.

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