Landlord may appeal judge’s ruling over damaged cabinets
If a landlord installs cheap fixtures that break during normal use, then a tenant cannot be held responsible for the damage, a judge ruled last week.
John Hess took Santa Monica-based Roberts Realty to Santa Monica Small Claims Court to recover $880 of his security deposit, which was withheld so the landlord could replace the apartment’s kitchen and bathroom cabinets.
Hess argued the flimsy fiberboard cabinets with fake wood laminated coverings deteriorated during the eight and a half years he lived in his West L.A. apartment on Chateau Place. He said during cleaning, water seeped into the fiberboard, causing it to warp and eventually fall apart.
“My wife is a real neat freak,” Hess said. “She cleaned those cabinets all the time. But they were damaged from normal cleaning and steam from the dishwasher and the oven.”
Hess — a self-professed wood expert and certified architect — said the type of cabinets installed in his apartment came with a one-year warranty. He argued he shouldn’t be held responsible for them after nearly nine years of use.
Judge Pro Tem Alan Freedman agreed with Hess’ argument, but said Hess should be held responsible for 10 percent of the damages since he lived in the apartment for such a long time. Hess was awarded $680, plus court costs.
“I don’t get the idea here that they (the realtors) are shady or trying to take advantage of their tenants, but the cabinets don’t appear of the highest quality,” he said. “At the same time, I believe you were there for eight and a half years and (Hess) should bear some of the cost.”
Steve Citron, vice president of Roberts Realty, disagreed with the decision and said none of the other cabinets in his apartment complex deteriorated like the ones in Hess’ apartment.
“It’s due to the carelessness of the tenant that the damage occurred,” he said. “It’s unfair of the court to award any damages.”
Adam Horn, a building engineer who testified on behalf of Roberts, said he thought the cabinets were neglected and should be replaced out of Hess’ pocket.
“All the tenant had to do was clean up any standing or dripping water and this type of damage could have been avoided,” he said. “This was preventable.”
But Freedman disagreed. He told Citron that if he was unhappy with the ruling, he could appeal the decision. Citron did not indicate if he would appeal.
“Those types of cabinets are very easily chipped, and those are the cabinets you had installed there,” Freedman said. “And to assume there wouldn’t be damage to them when you know what kind of cabinets they are would be foolish.”
“If after living in that apartment for almost nine years this is the extent of the damage, then I think it says a lot about (Hess),” he added. “I think he took good care of the apartment.”
Originally published in the Santa Monica Daily Press print edition on January 28, 2003. Read the original PDF.