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All Forum Posts by: Aditya Vaishampayan

Aditya Vaishampayan has started 1 posts and replied 5 times.

Quote from @Will Fraser:

I'll also add here that a lot of your defensibility depends on your leasing situation.  

You mentioned "taking over" a lease, which can mean a few different things and can be really kaccha or pakka.

If you have property move-in documentation and a property lease then this is a very easy situation.

If you were off-the-books subletting from the original tenant then it's a lot murkier and I'm not sure why the LL would be trying to charge you instead of the original leaseholder.

If it's something in between, then it's really going to come down to your local real estate norms.  


Its all pakka. We took over the lease from previous owner with all paperwork from landlord. It states that any damages to the apartment will be our responsibility. But my question is its just countertop which is obvious to have wear tear as it has been used whole day and holds a life of 15 years which has been completed and its a cheap laminated wood countertop. Does that make any difference to my case ?

Quote from @Rob Chiang:

Is it obvious damage like a burn from a hot iron?  NO

It it repeated cuts on the counter from your kitchen knives? NO

The old, cheap countertop just chipped away.  It's not granite countertop, it's pressed wood.  In my 26 years of experience, any judge will probably go with the tenant on this claim.  Just my .02.  Hire a free tenant-rep lawyer to write the LL a letter.  It's very effective.


I agree that its laminated wood countertop. Yes these are burnt marks from the previous owner from whom we took over the lease. I understand that we took over the responsibility as well. But my question is that the current lease went from july 2016 till  September 2022. makes a total of 17+ years of the countertop. These marks started coming after its completion of its expected life of 15 years. Me and landlord have been exchanging emails they eventually come down to 25% of the cost which is $400. But I am still stating that anyways they would need to change it as its life been completed. They are ignoring this fact completely. What should I do ?

Thanks so much everyone for sharing their experiences and suggestions. The LL has come down to 25% of the cost of countertop replacement.

Quote from @Brian Bohrer:

Hello Aditya,

You would most likely have to confirm with the local housing authority to ensure what is "wear and tear" but generally in most states the landlord is responsible for wear and tear replacement.  If there was something significant that you damaged and the landlord has photos to prove the damage was not there before you moved in, then you would be liable.  But generally items like appliances, carpet, paint, cabinets etc would examples of items that the landlord is able to depreciate over time on their taxes and therefore is expected to replace when needed.

I hope this helps!  Good luck :)


Adding three photos shared by landlord on which basis they are charging us to replace the countertop 

The apartment was under agreement and has been used for the last 6 years or more. replacement. These apartments are 2005 built and since then countertop hasn’t been replaced. We took over the lease from someone who has been living there since 2016. We stayed there for an year and moved out due steep increase in rent. The leasing company is asking for countertop replacement as it shows significant wear and tear. Are we entitled to pay for damages? Waiting for your reply.