Legal Question in Landlord & Tenant Law in California

I have a 12 mos lease on a rental unit. My children moved in with their father and so my income has decreaed significantly enough that I am unable to afford my rent. I had a $1200 deposit which $800 was paid. Now the Landlord is asking that I pay the $386 dollars out of pocket to have the carpets cleaned because of animal urine stains. The dog was agreed upon before I moved in. Otherwise, the rental is in great condition as I had only lived there from April- Sept. The unit has been throughly cleaned. Except for the carptets. They are asking that I pay for the capets to be cleaned, but I was under the ASSUMPTION that $ would come out of the deposit.

Thank you so much in advance for your help :)


Asked on 10/03/11, 8:28 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

There are some key facts that you do not mention. I assume that the deposit you are speaking of is a security deposit; that is a sum that the landlord is able to keep until you have moved out as a security against unpaid rent and damages to the premises. Even though the dog was agreed to, the dog urinating on the rugs is not behavior that is normal wear and tear; most dogs do not repeatedly pee on the carpets. If you had a baby who threw up on the carpet so often to leave stains and a smell, do you think the landlord would have to pay for that damage also?

I assume you have or are moving out of the rental. Since you are breaching the lease, unless the landlord has agreed to waive any damages, you are liable for the period still remaining on the lease, but the landlord must try to mitigate the damages by seeking to rent the unit out as soon as reasonably possible [almost all courts would give him at least one month]. Since the security deposit is normally the same as one month's rent, and you apparently paid less then a month's, it is reasonable for the landlord to want you to pay for the cleaning now instead of having to sue you after he re-rents the unit. You could say no and just let him add the cleaning to the damages he will deduct from the security deposit after you have actually given up possession, or you could pay it now, and more security deposit will be left to reduce the damages from lost rent.

The landlord apparently has been very nice to you, not making you pay the full security deposit and not trying to impose a penalty on you for breaking the lease [it is not his fault that you are getting less in child support; you may have given up too early as your husband needed to get a court order reducing the child support payment unless it was originally worded that you only got $X amount while the children were with you]. I assume you are basically judgment proof [do not have the money to pay any judgment]. So the question becomes whether you want to be nice to the landlord by paying the cleaning damages now and then not getting any of the security deposit back, or not pay him and add that $386 in damages to the inadequate amount he holds as the security deposit. Legally you have the obligation to pay him.

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Answered on 10/09/11, 12:01 pm


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