Landlord-Tenant Dispute Over Unpaid Rent and Property Damage

Normal wear and tear refers to expected deterioration from regular use, such as carpet wear in high-traffic areas, minor wall scuffs, and loose fixtures, which landlords must accept as part of property ownership; actual damages are incidents caused by tenant negligence or intentional actions, such as large wall holes, marker/crayon writing, broken fixtures, or pet damage, which can be charged to the security deposit. To properly assess these differences, landlords should conduct thorough move-in and move-out inspections with detailed documentation, understand the typical lifespan of property components (carpet: 5-7 years, paint: 3-5 years, appliances: 10 years), and apply reasonable portioning when charging for damages rather than full replacement costs.

Distinguishing between property damage and normal wear and tear is essential in short-term rentals. A stained rug is considered normal wear and tear rather than damage, as rugs are expected to get stained during use. Hosts who charge excessive fees for normal wear may be exploiting guests. The video shows hosts complaining about a stained rug while acknowledging it's a rug that naturally gets stained, highlighting the importance of reasonable expectations.

Hosts should distinguish between normal wear and tear and actual guest damage. The video uses the analogy of a work bag that naturally smudges and scratches with use to illustrate that items are meant to be used and will show signs of use over time. Hosts should not expect perfection or blame guests for minor imperfections that occur naturally through normal use of the property.

The Código Civil distinguishes between normal wear and tear (condiciones normales de uso) and actual property damage. Normal wear includes minor dirt, slight scratches, and general deterioration from regular use, which landlords cannot charge tenants for. Landlords cannot demand repainting or repairs for normal conditions. Tenants should politely cite specific articles (e.g., Article 235 of Nuevo León Código Civil) to defend against unreasonable demands. If landlords persist, tenants can threaten legal action, which typically discourages unreasonable demands. Tenants are only responsible for damages beyond normal wear, such as broken furniture or intentional destruction.

Normal wear and tear refers to gradual deterioration from everyday use, such as faded paint or minor carpet stains. Damage involves deliberate destruction or excessive deterioration beyond normal use, like punched holes in doors or spray-painted walls. Landlords can charge for damage but not for normal wear and tear.

The mitigation of damages doctrine originated in English Common Law and has been developed within Common Law families. It has also influenced Civil Law countries including Germany, France, and Argentina. The doctrine coexists with other legal concepts like culpa concorrente (contributory negligence) and boa fé (good faith), but provides a specific, objective norm that offers greater security and predictability for legal operators.

Damages liability requires: breach or infringement, occurrence of damages, causal relationship, wrongfulness, and fault. Wrongfulness is automatic for breach but can be negated by special circumstances. Offset of profits (손익상계) occurs when creditors gain benefits from the same breach causing losses, and these benefits are offset against damages. Mitigation of damages (과실상계) reduces damages when creditors contribute to losses through their own fault. Both are judicial doctrines rather than statutory provisions. Mitigation is mandatory (필요적 참작) and courts must consider it even if parties don't raise it. Creditor's fault (과실) reduces damages proportionally, even if simple negligence contributed to loss expansion. This differs from debtor's fault, which requires liability. Mitigation applies only to damages compensation claims, not to requests for performance, return of property, or guarantee contract claims. When claimants request only part of damages, courts apply mitigation to the claimed amount, not full damages, following the principle of disposition (처분권주의).

Mitigation of damages is a legal principle requiring injured parties to take reasonable steps to minimize their losses and keep expenses to a minimum; for example, after a car accident, victims must retrieve their vehicles from storage to avoid ongoing fees and protect damaged vehicles from further harm like rainwater by using simple solutions such as plastic bags over damaged roofs, though those unable to afford mitigation costs must communicate this limitation to insurance companies.

Mitigation of damages is the principle that a plaintiff who has suffered harm has a duty to take reasonable steps to minimize that harm. The court explained this instruction is typically given when there is evidence the plaintiff failed to take reasonable steps to minimize damages. The court deferred on whether to give this instruction until evidence was presented. The court also explained that verdict forms must be tailored to the procedural posture of the case, and the plaintiff's proposed verdict form was accurate for a damages-only trial following a default judgment on liability.

The doctrine of mitigation of damages requires parties who suffer losses to take reasonable steps to minimize their damages. In this case, the court applied this principle by noting that if the defendant wanted the DJ to play specific songs, he could have paid the remaining balance. The court interpreted the DJ's statement that he was 'DJing as a favor' as suggesting he would not go out of his way to accommodate specific requests without proper compensation, which affected the damage calculation.

Housing Law and Building Law have distinct jurisdictional thresholds: Housing Law applies to 30+ units, Building Law to 29 or fewer. Housing Law regulates both construction and supply, mandating priority sales to non-homeowners. Housing is defined as structures allowing long-term independent living, including attached land. Single-family housing includes entire buildings plus land, while multi-family housing includes partial portions plus land. Quasi-housing (준주택) includes dormitories, office towers, multi-family living facilities, and elderly welfare housing. National public housing (국민주택) is limited to 85 sqm per household (100 sqm in non-urban areas). Private housing has no size restrictions. Residential living area is calculated from internal wall lines. Generation-division multi-family housing divides internal spaces but cannot be separately owned. Urban living housing serves ordinary citizens with fewer than 300 households. Apartment-type housing consists of single buildings with one unit of 85 sqm or less. Multi-family housing complexes are limited to 5 floors or fewer.

Not all housing laws apply to every jurisdiction. Some laws are tailored specifically to urbanized areas or urban clusters, while others apply statewide. Jurisdictions should identify which of the six major housing laws apply to their specific context. This requires checking each law's applicability based on jurisdiction size, location, and other factors. Understanding which laws apply is essential for proper compliance and effective planning.

California laws are stronger than federal laws with more protective bases, and local jurisdictions can have additional protections. Some jurisdictions have rent boards that enforce stronger fair housing protections. The California legislature recently passed laws allowing jurisdictions under specific circumstances to have housing-specific laws to prevent gentrification and displacement, as long as they are not less protective than fair housing laws.

Housing codes vary significantly across the country. Some states have statewide codes governing all housing, while others like Arizona have no statewide code and rely on local codes. Most municipalities have adopted building codes with city inspectors ensuring compliance, but rural jurisdictions often lack codes or enforce them loosely. Residential building codes are developed by the International Code Council and cover various issues including building, fuel gas, residential, property maintenance, and green building standards. No single code encompasses all housing issues, and codes are not enforceable unless adopted by state or local government with provisions of police power.

Housing Law (주택법) and Building Law (건축법) have different jurisdictions based on construction scale: Building Law applies to residential construction of fewer than 30 units, while Housing Law applies to 30 or more units. This distinction is critical because approval processes, requirements, and authorities differ significantly. Housing Law projects require approval from the Ministry of Land, Infrastructure and Transport, while Building Law projects are typically approved by local government authorities. Upon approval, developers can begin construction. After completion, developers apply for completion inspection (사용승인 for Housing Law, 준공검사 for Building Law). Agricultural land (농지) has strict ownership restrictions: only agricultural operators (농업경영체) can own agricultural land, with specific exceptions. The agricultural land ceiling system (농지소유제한) limits the amount of agricultural land individuals can own. When agricultural land is converted to non-agricultural use, developers must obtain agricultural land conversion permits (농지전용허가) from the Ministry of Agriculture, Food and Rural Affairs.