Legal Question in Landlord & Tenant Law in California

I moved out from an apartment in Southern California in late-June and received the summary of security deposit deduction and the remaining balance within 21 days. I, however, did not receive any receipts for the charges that the landlord incurred to repair or clean the unit. Also, I learned that my landlord deducted part of the security deposit to repaint the unit. I found out from California Dept. of Consumer Affairs that no deduction should be made if the length of stay was longer than 2 years. I resided in that unit for 2 years and 1 month. I was told by my landlord that they normally deduct fees for repainting if the length of stay was less than 5 years. It has been very difficult to reach them, considering it is November already, and when I am able to talk to them they tell me that they didn't deduct anything for the damages on the carpet. I think they are trying to tell me that it evens out. It was a pet-friendly community, and I noticed they were changing other units to hard-wood floor so I assumed that is why they didn't deduct anything for the carpet issue. What should I do?


Asked on 11/02/13, 10:50 am

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Your decision of how to proceed is a matter of the numbers. On one hand, you may be entitled to a refund of the amount that was deducted for the painting. On the other hand, if you bring an action to recover that amount, the landlord will, likely, cross-complain to recover the amounts claimed for the carpet damage. Add up the numbers and access whether your claim is worth the risk of having your claim denied or set off by the carpet claim.

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Answered on 11/04/13, 11:27 am


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