Q: Security deposit dispute.
Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be replaced with parts vs buying new stove at 1/3 of what they're charging. I'm not sure how old the stove is but it's at least a few years old. Additionally, they plan to charge me for other things slide screen door not sliding, when in fact, just needs to be cleaned due to debris build up. Total charge is $1000+ of my $3000 deposit. Is this legal? I have pictures.
A:
Based on the information provided, there are several aspects to consider in this security deposit dispute:
1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely fall under this category.
2. Proof of damage: The landlord should provide evidence that the stove is a fire hazard. Without proper documentation from a qualified professional, this claim may not be valid.
3. Repairs vs. replacement: If repairs are possible and more cost-effective, the landlord should opt for repairs rather than charging for a full replacement.
4. Age of appliances: The age of the stove is relevant. If it's several years old, its value has depreciated, and you shouldn't be charged for a brand new stove.
5. Sliding screen door: If the issue is simply debris buildup that requires cleaning, this would likely fall under normal maintenance, not damage.
6. Documentation: Having pictures is beneficial for your case.
Given these points, it appears that the landlord's charges may not be entirely legal. Here are some steps you can take:
1. Request an itemized list of deductions if you haven't received one already.
2. Dispute the charges in writing, explaining why you believe they are unfair or excessive.
3. Provide your pictures as evidence.
4. Request documentation of the alleged fire hazard from a qualified professional.
5. If the landlord doesn't respond satisfactorily, you may consider small claims court. In California, landlords can be liable for up to twice the amount of the security deposit if they're found to have acted in bad faith.
6. Consider contacting a local tenants' rights organization or a lawyer specializing in landlord-tenant law for more specific advice.
Remember, in California, landlords must return the security deposit (minus any legal deductions) within 21 days of move-out. If you believe the landlord is violating the law, you have rights to dispute these charges.
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