Legal Question in Landlord & Tenant Law in California

we lived in a condo for almost 6yrs. when my husband gave the landlord the keys the landlord was walking around, and then said he would take the extra 5 days out of our $500 deposit and send us the rest. Instead he sends us a bill for $1854. We went there for three days cleaning and repainting the livingroom, hallway, and our daughters room with flat white (just like it was when we moved in). The bill states that there is 200 for an electrician to put up a chandelier (that fell from our downstairs neighbor constantly slamming his door and hitting walls). To put the chandelier up all he had to do was stand on a ladder or chair and put it up. He also charged us 150 for cleaning (which like I said we were there for three days cleaning and painting). And another charge he said was $2200 to replace all of the carpet. And he subracted our 500 form the total to get 1854. Now the carpet could of been steamed cleaned, but there were no cuts or stains from cigarettes or markers or what not, normal dirt stains. In fact we didn't walk in the condo in our outdoor shoes, we even put a shoe rack, a big 5x3 rug int front of the door inside, and a big area rug in the livingroom to try to keep the carpet looking clean, but even after 6mnths of living there i had to buy a steam cleaner and steam clean like every six months. My question is can he charge us for all these things, especially to put brand new carpet in and the electrician when he was just being lazy, and not take in account for us living there for almost 6yrs?


Asked on 12/17/09, 5:11 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

If you have a written lease, the terms of that lease control everyone's conduct. A landlord typically cannot charge you for capital improvements or upgrades. He also cannot charge you for normal wear and tear, so replacing the carpet, unless you damaged it, is wrong. All he can charge you for is general cleaning, unless again, there are damages. He can also charge you for rent that has not been paid. Sounds like you're getting ripped off.

If you are being charged for items you believe you shouldn't be, contact a small claims advisor at your local court, or call an attorney who can help you through this. Good luck...

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Answered on 12/22/09, 5:24 pm


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