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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2983
Experience:  associate attorney
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I have been renting a furnished condo in la jolla ca past 8

Customer Question

Hi ,
I have been renting a furnished condo in la jolla ca for the past 8 years.
When I moved in I was given an inventory of everything in the condo including for example 6 cups, 2 sets of sheets, 2 plastic plants etc
My questions is these items are now old used and in some cases missing , should i be replacing them ?
Also there was a couch and coffee table, these too were very old and used I had them removed as i planned on replacing them or just paying the landlord for them but how do we determine what is fair and correct ?
Please advise as I want o do the right thing but also don't feel its fair to buy everything new.
So if you would advise me as to what he standard procedure is . Carol
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

You are only reasonable for damage that you caused BEYOND normal wear and tear. Items wear out in the normal course of living on a property especially in a furnished property. landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. You most likely had a security deposit in which a landlord normally deducts any damage a tenant may cause during their tenancy. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in. Civil Code Section 1950.5(b),(e). Since you lived there for 8 years there should be a lot of wear and tear and you will not be responsible for purchasing new furniture or even small items that have been misplaced. The damage must go beyond normal wear and tear and this is a very broad term. I would just discuss this topic with your landlord and you will probably be surprised that you can come to any agreement pretty easily. You should definitely not have to buy new furniture for items that have 8 years of wear and tear.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 1 year ago.

Just following back up, do you have any further questions?

Expert:  Christopher B, Esq. replied 1 year ago.

Are you there?

Expert:  Christopher B, Esq. replied 1 year ago.

Can I do anything else for you? I would like to earn a positive rating from you.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.