Are landlords responsible for a tenant's damages to the rental unit?
In California, landlords are ultimately responsible for damages to the rental unit caused by tenants. California law requires landlords to maintain the rental unit in a “habitable” condition. This means that the rental unit must meet basic standards for health and safety, such as having working utilities, clean and sanitary conditions, and adequate security. However, California landlords can hold tenants financially responsible for any damage they cause to the rental unit beyond reasonable wear and tear. For example, if a tenant breaks the window or floods the bathroom, the landlord can charge the tenant to repair or replace these items. However, the landlord must provide notice to the tenant of the damages they have caused, before charging them. The landlord must also notify the tenant of any deductions taken from their security deposit and of the reasons for those deductions. California law also requires that landlords return the security deposit within 21 days of the end of the lease, unless they’ve taken deductions for damages. In that case, the landlord must provide the tenant with an itemized list of the damages and the cost of repairing them. Overall, in California landlords are responsible for damages to the rental unit, but can make tenants responsible for damages beyond reasonable wear and tear. Landlords must give tenants notice of the damages caused and must also provide the tenant with an itemized list of any deductions taken from the security deposit.
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