Painting and Plaster repair

[RenePG]

My jurisdiction is: Santa Monica, CA

Hello,

I just got a statement from my landlord stating we owe the following:

1.) patching/plastering/sanding (holes in walls) $595
2.) priming and painting holes $305
3.) painting walls of entire apt. $408

Among other minor cleaning up and repairs, this is the majority of the work he is charging us. My question is, are we responsible for the painting of the walls of the entire apartment and holes? We have lived there for almost 5 years and believe that he would have had to paint for a new tenant.

Do we have a case in small claims court?

I also believe the patching and platering cost is excessive and will need to see a detailed invoice.

thanks!

 

[presutin]

What does your lease agreement say when it comes to the condition you need to leave the premises when moving out? If it says that you should return it the way you found it, you don't have much of a case. However, here is what I find a bit excessive - the charges for 1 and 2. Did you have that many holes and in the premises to justify such repairs? Why are the charges for priming and painting holes separate from the painting of the unit? Ask your landlord for a reasonable explanation and if s/he cannot comeback with one, take him/her to small claims court to recover the excessive charges. Good luck to you!

 

[RenePG]

Hello and thanks for the response. I haven't been home yet to review the lease agreement. I believe california law states that the "security deposit after 1/1/2003 should be used for cleaning and repairs as to inception of tenancy" but the fact that painting the entire apartment walls ( 1 bedroom approx. 700sqft) should rest on our shoulders entirely, is questionable. I believe that he needed to paint the apartment after having us there for 5 years, correct? Even if the depreciable life of wall paint is 7 years, we should only be charged a prorated amount. I read online the california landlord law book: volume 1 that anyone who has been living in a place over 2 years should never be charged any painting expenses.

Also, the pricing is excessive ( he claims we made over 100 holes, but most were not huge that needed major repairs, just normal nail and picture frame hooks) I will need to go back in there and take pictures. Ugggg....

 

[presutin]

If the landlord/tenant law says that you are not responsible for the painting after two years, then you should not pay for it. Take him/her to small claims court where the burden of proof will fall on him/her to prove that you are responsible for the charges he is stating you owe. Good luck to you!