Legal Question in Landlord & Tenant Law in California
Carpet Replacement vs Reclean
Upon moving I had the carpets professionally cleaned with LL present to make sure she would accept his work and be happy. About 23 days later I received a letter stating she is going to have to replace the carpets and I have 10 days to pay her 2400 on top of keeping 1400 security deposit. I have not received itemized list of how come it is so much but was told to call her lawyer w/?'s. I called the number she provided and was told hes not a lawyer just legal helper and wants no part in her matter. So I called the carpet cleaner and explained she had changed her mind after he and I asked her if it was to her satisfaction after it was cleaned. They have agreed to come back no charge and reclean the area she is concerned about. However I have tried to call and have sent emails to have her call me to set up date to have them reclean. But 3 days have past since. There are no rips or tears, she states there is tracks at the entrance from garage. (Duh? previous tenant (her bro) was auto mechanic and worked from home in garage). My question is carpet cleaner willing to take time and reclean first before replacing does she have to try this first. She is selling the home and has not replaced them yet.
2 Answers from Attorneys
Re: Carpet Replacement vs Reclean
There is nothing I can add to Mr. Shers' thorough (and competent) advice.
Re: Carpet Replacement vs Reclean
Your obligation is to restore the premises to her in the condition it was when you first rented the house, less any normal wear and tear. If re-cleaning that area of the carpet will do so, that is the limit of your obligation. She can not force you to improve the area.
Check the date as to when she sent you the notice that she was keeping your deposit, as it seems beyond the statutory deadline, and perhaps lacking sufficient detail so she has to pay back any money withheld from you, even if she were right as to the carpet needing replacement.
Get a short note from the carpet cleaning company that they are willing to return at a mutually convenient time to re-clean that area of the carpet and they think they can clean it so it meets the legal requirements. Send that along with a nice letter saying that you have are entitled to all of your money back, have not heard from her as to your re-cleaning offer and set a 5 day deadline to respond but that she did not comply with the notice requirement you may not be willing to do any more cleaning.
If you still have access to the house ,take a lot of pictures of every thing, as you will need to show the Smal Claims Court judge that the carpets are okey [she may claim you caused other damage; she can not seek damages for that but if you can show the judge she is lying about the other damages he/she is morely likely to believe you as to the carpet. You will have to sue her for your money back; do it now before she sells the home so that you can slap a judgment lien on the home. You should be able to prepare the case yourself [see the Nolo books on S.C. Court]; you can hire an attorney to help, but it would have to be one with low hourly rates or a small percnetage of the award fee agreement because the amaount you are entitled to is significant but too low tojutify the cost of most attorneys.
Good luck.
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