Legal Question in Landlord & Tenant Law in California

Deposit refunds with regard to repairs

I recently moved out of an apt. I occupied for 3 years and they have docked me $700 to replace the carpet. They claim it was because of damage from my cat, but over the last year-and-a-half my apt. was flooded through no fault of my own 5 times. It seems like even if you concede the pet damage, they would have had to replace the carpet anyway. Do I have any recourse, or can they just arbitrarily assess charges as they see fit? Also, they have a policy of issuing refunds 21 BUSINESS DAYS after moveout, is that legal?


Asked on 8/30/06, 3:26 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Deposit refunds with regard to repairs

Landlords do this all the time to see who will fight and who will cave. Sue them in the small claims court for your deposit back. The carpet issue is normal wear and tear for which you should not be responsible.

The 21 day period is legal. But if they withhold the $700.00, sue them. It's really simple in small claims court. Good luck.

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Answered on 8/30/06, 5:46 pm


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