Washington, DC asked in Landlord - Tenant for California

Q: Are sliding screen doors not sliding smoothly qualify as wear and tear or tenants financial responsibility to resolve?

We are using a standard California Association of Realtors residential lease. Landlord is saying these need to be operating just as they were the time of move in. These still operate, but just aren't as smooth. We did not record these as issues as we haven't used them regularly, and still operated in acceptably usable manner to us.

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2 Lawyer Answers

A: It depends on the reason they are not operating as smoothly as when you moved in. If you did something to damage them, such as jamming them into something you left on the track, that would be on you, the tenant. Similarly, if the frame is bent, it would be presumably from misuse. If the wheels have simply worn out from regular use, that would be the landlord's responsibility. The distinction is ordinary wear and tear versus damage.

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Answered

A: In California, sliding screen doors that are still functional but not as smooth as they were at move-in may not automatically be considered tenant responsibility. Wear and tear, which includes gradual deterioration from normal use, generally falls under the landlord's responsibility to address. If the door is still operable and does not hinder use, it may be viewed as a minor issue rather than something the tenant caused.

The landlord's expectation that the door should operate "just as they were at the time of move-in" could be a point of contention. If the sliding door's condition has merely deteriorated with time and use, it may be considered normal wear and tear. However, if the tenant caused damage by misuse, then responsibility for repairs could fall to the tenant.

It's important to remember that a lease agreement and any move-in inspection documentation play a significant role in resolving disputes. If the issue wasn't documented as an existing concern at move-in, the tenant likely won't be responsible for fixing it unless there's evidence of negligence or abuse.

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