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I have sold my house to my tenant in California. We are

I have sold my...

I have sold my house to my tenant in California. We are going to give back there initial deposit from our original lease agreement, but i would like to make a deduction for the water heater repair and clean up. The reason i am asking for this to come out of there deposit is because they failed to notify me of the condition and later said they should have called sooner when they first noticed the condition. The leak could have been serviced sooner and repairs would not have been so significant. Can i deduct for this reason?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I wrote it above... In California

Lawyer's Assistant: Has anything been filed or reported?

Not sure what you mean....

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Answered in 4 minutes by:
2/21/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,017
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can i deduct for this reason?

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No, from a legal perspective, it is your duty as the owner/landlord to maintain the property and conduct periodic inspections as to condition to make sure that there aren't any problems with the property. The tenant doesn't have any duty to maintain the property or monitor it for the landlord. As irritating as that is, it is the landlord's duty to contact the tenant regularly and check with them to see if there are any issues with the property that need to be addressed or fixed.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 5 months ago
I id my regular inspections every 6 months and there was never an issue. When they called to tell me the water heater was leaking he said he should have told me sooner but he didn't think it would be a big deal. I am not to concerned with the water heater price itself, more with the water damage to the water heater closet drywall that needed repair. It just seems to me that it was neglected by them, but want to confirm.

Yes, it was neglected by them... but they have no legal duty to monitor your property or to notify you about a problem with your property that is damaging your property.. And yes, it seems like a stupid rule, but they can sit there for months watching a leak deteriorate the floor and do nothing about it and it isn't their fault..

.

I have had them... and they say "well, it wasn't really bothering me, so I didn't want to bother you"... and I wanted to strangle them..

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So now, every month that rent is paid, I ask all my tenants... any leaks, drips, new cracks, problems with roof, furnace, water, any mold, etc. so I know what is going on with my properties.

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Customer reply replied 5 months ago
OK Thanks for replying

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,017
Experience: Attorney over 17 years, landlord 26 years
Verified
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