The entry door lock broke. Who pays for it?

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The entry door lock broke. Who pays for it?

The entry door deadlock stopped working on me two days
before my move out date. I offered the landlord to fix it, but
he refused my help and said he will handle the process. Now
I received a quote him asking me to pay 350 for lock
replacement.

I did not break the lock. I was just opening and closing the
door as usual and looks like the lock was defective. Who
pays for it?

Thanks,
Rahim

Asked on December 10, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, you only have to pay IF you, your family, your guests, or other persons under your control (such as, say, a moving person or contractor) broke the lock. If you were not at fault for the damage but it stopped working due to any of normal wear and tear, a manufacturing defect, or some unrelated 3rd party (e.g. is somone tried to break in and in the process broke the lock), you are not liable. If he takes money out of your security deposit for this, you could sue him for its return (such as in small claims court) with a good chance of winning if you were not at fault; if he sends you a bill and you don't pay, while he could try to sue you for the money, if you were not at fault, he should lose.
The only exception to the above would be if in a written lease, you agreed to pay for repair costs like this regardless of fault; if so, that agreement is enforceable.


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