[quote=paramount][quote=urbanrealtor]
Personally, I would sue first and ask questions later. Specifically, I would send a letter (or email or fax) to the landlord explaining why the “damages” were either antecedent to your possession or expected given the useful life and also explain the law. Then I would wait 1 week and sue. I would also mention in the letter that they had 7 days to respond before I sued.
I would then sue for $10k (max for small claims) and see if you get an offer to settle.
[/quote]
Never-mind personal responsibility…[/quote]
Dude, I do this for a living.
I manage and sell property every single day.
My post was a reference to the OP’s situation.
I didn’t really pay attention to yours.
I know the law on this stuff pretty well and I can assure you, a landlord if pretty fucked if they see the preservation of their asset–beyond standard life spans–as the responsibility of the tenant.
Lets give an example:
Today I took possession of a 1-bedroom in hillcrest.
The tenant had been there for about 12 years.
She was a 2-pack a day smoker.
The walls are basically covered in nicotine tar.
I inherited this management gig when my friend died a few weeks ago and left me in charge of his estate.
He knowingly rented to a tenant who smoked inside and he never forbade her from doing so.
The day after tomorrow, I am paying $550 to have the carpet pulled and to have nicotine abatement performed.
Then we will have the floors restained (the 20 year old carpet was covering gorgeous dark-stained hardwood) and walls re-painted.
The tenant will pay for none of this.
Why?
Because of personal responsibility.
The owner knew she was a smoker.
The 12 years of smoke and wear and tear are his responsibility.
A cost of doing business.
Its a 2 way street.
Another example:
In 2011, I did a move out walk thru for a house in La Jolla. The 10-month-old hardwood floors were so covered in scratches that they looked like elvish runes. The tenant had been there 6 months.
I advised (after getting an estimate) that the repairs would cost about $2000.
Why?
Again, personal responsibility.
The tenant knew the floors were pristine and new.
There was no reasonable expectation of wear and tear after such a short period of tenancy.
