Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Where would I find the laws regarding normal wear and tear…

Customer Question
where would I find the...
where would I find the laws regarding normal wear and tear in an apartment. what is a landlords responsibility vs a tenants responsibility
thank you
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
1/18/2016
Lawyer: MDLawyer, Lawyer replied 2 years ago
MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6,138
Experience: 10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
Verified

Hello and thank you for using the Just Answer website. I look forward to working with you and assisting you. There are no statutes that define the phrase "normal wear and tear" since the definition is the normal dictionary definition. When there is a dispute, the court is who determines whether the wear and tear is normal based on the evidence. Depending on how far the litigation goes, previous cases will also be used as a basis upon which to decide.

Do you have a specific scenario that you are concerned about? If so, it would help to know what state you are looking at since every state has its own case law and statutes.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
we are in colorado .. my daughter lived in condo for 5 years .. landlord is asking us to pay for replacement of carpet and painting of the unit. she says there were too many holes from small nails from pictures hung and the removsal of curtain rodsshe is asking us to replace smoke alarms as wellwe also know there is a law here about being able to live in a healthy unit.. do you know that law
Customer reply replied 2 years ago
what state do you practice law in?
Lawyer: MDLawyer, Lawyer replied 2 years ago

This site is for legal information only and so experts on this site cannot act as your attorney and so the state in which we are licensed does not make a difference .

Why is the landlord asking your daughter to replace the carpet? Are you also on the lease? Is the painting due to the holes? Were the curtain rods installed by your daughter? What is the issue with the smoke alarms?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
i co signed the lease .. my daughter is dissabled.yes she says she has to re paint due to all the holes.\
yes curtain rods installed by us
smoke alarms stopped working
she says carpet needs to be replaces due to cat pee. apartment was cat free for the last three years.. carpets were cleaned regularly .. landlord was in apartment mutliple times and never complained about a cat smell .. including two weeks prior to our vacating premise.
she also charged a $40 per month cat fee even after we removed the cats. this adds up to $2400do you know where I can find the colorado statute for "warrant of habitability"?
Customer reply replied 2 years ago
hello?
Lawyer: MDLawyer, Lawyer replied 2 years ago

I am working on your answer.

Ask Your Own Landlord-Tenant Question
Lawyer: MDLawyer, Lawyer replied 2 years ago

With respect to carpeting, normal stains and marks from shoes and surface dirt are considered normal wear and tear all across the board. If there are pet stains or odors, that is something that a landlord would deduct from the security deposit. Excessive nail holes are considered beyond normal wear and tear and if repainting is needed, that can be deducted from the security deposit as well. Generally, whenever I myself have moved out of an apartment, I have made sure to close up all nail holes. Also, it is very important to do a walk through. If you and/or your daughter did a walk through and the smell was not mentioned, for example, then I would dispute the landlord's charging for it since the purpose of a walk through at move-out is so that there are no surprises.

With respect to the smoke alarms, if they don't work due to negligence on the part of your daughter, then the landlord can charge for that. If, however, they are not working simply because they are not working, then the landlord cannot charge your daughter for that.

The "warranty of habitability" has nothing to do with the security deposit. Rather, it is a guarantee in every lease that a residence is fit for people to live in. In Colorado, it is codified by statute. Colo. Rev. Stat. § 38-12-503(1). The statute cites several examples of what would make a residence uninhabitable, although the list is not exhaustive.

  • 1) Waterproofing and weather protection of the roof, exterior walls, windows, or doors;
  • 2) Plumbing and gas facilities;
  • 3) Running water and reasonable amounts of hot water;
  • 4) Functioning heat correctly installed and in good working order;
  • 5) Electrical lighting correctly installed and in good working order;
  • 6) Common areas that are reasonably clean;
  • 7) Extermination of rodents or vermin;
  • 8) Adequate garbage receptacles;
  • 9) Floors, stairways, and railings in good repair;
  • 10) Locks on exterior doors and locks or security devices on windows; and
  • 11) Compliance with building, housing, and health codes, which, if violated, would cause the home to be dangerous to the tenant

Also see Colo. Rev. Stat. § 38-12-505.

Please let me know if this has answered your question. If it has, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent assisting you since we are not Just Answer employees. Thank you so much for allowing me to assist you and let me know if you have any additional questions or if any further clarification is needed.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
how is the monthly cat fee applied?
Lawyer: MDLawyer, Lawyer replied 2 years ago

I would need to know the language of the lease that discusses the cat fee in order to be able to answer that. The exact language, please.

Ask Your Own Landlord-Tenant Question
Lawyer: MDLawyer, Lawyer replied 2 years ago

Were you able to find out the language of the clause?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask MDLawyer Your Own Question
MDLawyer
MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6,138
6,138 Satisfied Customers
Experience: 10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.

MDLawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,429 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
What is the length of time a landlord can give you notice to
What is the length of time a landlord can give you notice to move out & why? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,429 satisfied customers
I received a demand letter today for breaking my lease and
I received a demand letter today for breaking my lease and the reason for leaving was that my apartment was broken into last month while I was there sleeping. I was in immediate danger because they ha… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,429 satisfied customers
I'm a landlord, I plan to sell the house which has 3 years
I'm a landlord, I plan to sell the house which has 3 years lease to go. in the lease, there is no any clause about landlord terminates this lease. so my questions are: 1.the new buyer must honest this… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I received a notice to quit and which I find injustices.
I received a notice to quit and which I find injustices. Just today I have a court date 06/25/18. What are my rights? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,572 satisfied customers
My son has been staying at studio 6 For about 15 weeks now
My son has been staying at studio 6 For about 15 weeks now Would they need to serve him with an eviction To get him to leave … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I moved into this home a month ago i jad to clean it never
I moved into this home a month ago i jad to clean it never meet the landlord we went through a friend no lease signed it rain really bad and my home flooding in the kitchen living room and my bedroom … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in montgomery county maryland. I am in need of
i am in need of knowing the exact citation in Chapter 29 of the Montgomery County law concerning right to entry by a landlord … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Florida and I am currently looking for an
Hello, I live in Florida and I am currently looking for an apartment to rent. I have a criminal record: I have been arrested 4 times in my life: once for driving with a suspended license, once for dri… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I believe i was wrongfully evicted in mchenry illinois. No i
Hi i believe i was wrongfully evicted in mchenry illinois … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
What are my rights as live in tenant vs the lien holder with
what are my rights as live in tenant vs the lien holder with claims to insurance and damage remodel … read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
Phillip, I was able to vacate the default judgement and have
Hi Phillip, I was able to vacate the default judgement and have the case reopened with a ne date in July. Thank you your help. I now have another question: I am being sued for $15,000 from an ex frien… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,869 satisfied customers
My daughter wants to evict me after days, after she has
My daughter wants to evict me after 69 days, after she has taken 18 months of rent from me. What can I do? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,429 satisfied customers
I a landlord in a 2 family townhouse. my tenants have minor
I a landlord in a 2 family townhouse. my tenants have minor mold issues from the shower, what do I advise ?… read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
I am planning to rent my single family home in Oakland CA
Hello, I am planning to rent my single family home in Oakland CA and a prospective tenant is offering to prepay a 6 month of the rent in exchange for a discounted rate. Is this legal? Will the prepaid… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
483 satisfied customers
We have had a man leasing pasture for his cows from us for
Hi we have had a man leasing pasture for his cows from us for several years. He plus he owes us money from before December for yardage and pasture. All h wants to pay is pasture and for the hay feed. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,572 satisfied customers
I HAVE GIVEN A 3 DAY EVICTION NOTICE AND IT SETUP THROUGH
I HAVE GIVEN A 3 DAY EVICTION NOTICE AND I AM GETTING IT SETUP THROUGH COURTS NOW. CAN I LEGALLY GIVE NOTICE THAT I WILL DO A DAILY WALK THROUGH AT A SET TIME, TO MAKE SURE THEY ARE NOT TEARING MY HOU… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
My landlord thinks I'm an escort. Does he still have to go
My landlord thinks I'm an escort. Does he still have to go through legal steps to evict me or can he just come back with police and forcibly remove me… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I need to speak to an attorney on my rights as a tenant. I
I need to speak to an attorney on my rights as a tenant. I have been with this realtor for 5 years with no special requests or incidents. They want to give me a 2 week eviction. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x