California Apartment Association

Question: Is there a clear definition of what constitutes “ordinary wear and tear?” My husband and I are spending day and night trying to clean and repair our once-beautiful home we rented out and need to know how much to charge back to the residents.

Answer: There are not many legal guidelines on this issue, so many judges use what they consider a common-sense approach. We advise landlords to seek an opinion from the manufacturer of drapes, carpets, and appliances as to their expected lifetime assuming ordinary wear and tear. If the item needs replacing before that time, you can use this as a guideline to determine the pro rata amount to charge back to the tenant.

Question: One of our tenants paid us $50 per month rent less than what his lease required.  We did not catch the mistake until after his third month. He says he does not owe it because we waived our right to collect it when he paid his rent. Is he right?

Answer: Probably not. If your lease contained a non-waiver provision, it should be upheld in court. Even if your lease were silent on this issue, he would have to prove that you knowingly waived your right to receive full payment by accepting a lesser amount.

Question: One of my residents recently had her phone line repaired. The telephone company charged her $60. She did not notify us of the problem before ordering the repair.  We could have made the repair ourselves at much less cost. The tenant wants me to pay the bill.  What do you think?

Answer: California law deems owners of rental property responsible for the inside wiring to the property. However, tenants must first give landlords notice of a needed repair and provide a reasonable time to make the repair before undertaking a self-help action. You shouldn’t have to pay more than what it would have cost for you to make the repair.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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