Legal Question in Landlord & Tenant Law in California

can i be charged more than my deposit?

i have recently mocved out of an apartment where my deposit was $500. I have just received the refund letter stating that instead of a refund i actually owe them over $1000!!!

we lived in this apartment for 1 year and though the carpet may have need replaced in the living room from a roommates cat, shouldn't they quote us a security deposit that would cover that should it need done?

also, if in the very unfortunate event that they can do this to me, is there any law that says i can pay it over time rather than go to collections?

thank you


Asked on 6/22/04, 10:58 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: can i be charged more than my deposit?

Yes, if you caused more damage than is covered by the security deposit. However, there are limitations; you need to look to the rental agreement.

For example; is there mention of wear and tear items? How old was the carpet? It is possible that normal wear and tear required that the apartment be recarpeted after your move-out anyway to maintain its habitability. Unfortunately, it sounds like the cat caused the damage...but were you charged extra security to have the pet and cover possible damages? Was it included in the rental agreement?

As far as payment of the money this is something you will have to work out with your former landlord, it is their choice since they own the debt. Regardless, often you can work out deals with the collection agencies themselves for both payments and refraining from marking your credit report.

Good luck.

Read more
Answered on 6/23/04, 2:57 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California