Legal Question in Landlord & Tenant Law in California

Improper keeping of Deposit/Indemnity Charge

When I was moving out of my apartment, the Property Manager, who did the walk-through, said that a few spots on the carpet might not be able to be cleaned and the carpet might need to be replaced. The carpet was cleanable, and I said that if the company that they used was not able to clean it, for which I knew I would have been charged, that she was to call me (I gave her a cell phone on which I am available 24 hrs a day) and I would use my remaining 8 days of the lease to have the carpet cleaned, to which I have a witness to. The only reason I wouldn't have received a call was if everything was ok.

Receiving no call, I was planning on receiving my deposit check sometime the following month. I received instead a bill for the pro-rated carpet replacement minus my security deposit and over 100 dollars of overages paid to the account.

I am refusing to pay, because I was not given the opportunity to clean the carpet during the time I was paying for the apartment and I did not receive any notification of the carpet replacement. I do not want it to go to collection, so what are my options?


Asked on 9/23/06, 6:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Improper keeping of Deposit/Indemnity Charge

First, dispute it with the landlord. I suspect it will be difficult for you now to determine whether it was cleanable, since no professional you selected checked it out and tried to clean it. If you can't reach agreement, you can file a small claims lawsuit for a refund of the difference in the cost of cleaning versus cost of replacing.

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Answered on 9/23/06, 7:27 pm


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