Legal Question in Consumer Law in California

I moved out of my previous residence on July 1st. I did not receive my deposit back until today July 30th. The letter was post marked for July 28th. I believe they are supposed to return the deposit within 21 days, and according to the receipt in the letter all work was completed by the 19th. Also, I was charged for a deep carpet cleaning and a replacement. This was said to be because of pet odor. Can they charge for this? (my length at the house was 12 months) I have also tried calling them about this but have been unable to get a hold of anyone and have left 3 messages this week.


Asked on 7/30/10, 5:21 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

You can sue in small claims court, but your recovery will be about what it costs in your time and court costs. But give it a try.

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Answered on 8/04/10, 9:10 pm
Scott Brear Law Practice of Scott Irvin Brear

If the deposit is not returned within the 21 days, you might be able to get an award of twice the deposit. Check CC 1950.5(1). You will have to prove that the landlord acted in "bad faith" in delaying your deposit return. They can charge for cleaning. Pet odor can permeate deep into carpets! But, was it real odor or just an excuse to take from your deposit? It is essential for the landlord, when returning a deposit, to show detailed itemization of charges against the deposit including receipts for labor and materials. Courts do not take kindly to landlords who invent such charges as a revenue generation technique. I want to 100% agree with Mr. Marman above that you must assess the cost to go after the extra money you feel has been unfairly withheld against your own time and costs to succeed...and there is no guarantee you will succeed.

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Answered on 8/11/10, 3:03 pm


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