Legal Question in Landlord & Tenant Law in California

I moved out n august and a few weeks later they sent my deposit of 520.00 to me. In november they sent me a letter saying I owe them 260.00 because they decided to replace the carpet. This was 3 months after I moved out. Why would they pay me almost all my deposit with the exceptions of 200.00 for paint n carpet cleaning. Are they able to do this? They ignore all my phone calls and I don't kno what else to do. I've written them letters and sent them copes of the deductions ancharges and pictures. All they wrote back was that I acknowledged that there was urine smell. During our walk thru nothing was written down about carpet being damaged. Please help


Asked on 1/30/11, 6:29 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You are worrying too much. They do not have any of your money. They would have to sue you and for $260 they probably will not do so. They do not have a great case. If they really felt the carpet had to be removed why did they charge you for cleaning it? Why did they wait for three months before telling you the carpet had to be removed. Why did they not tell you during the move out inspection/walk through.

Write them one last letter:

I am spoken wilth an attorney friend. This will be my last correspondence with you as to to the claim for carpet damage. As you know [list all the facts, inspection, nothing said 3 months, returned almost all deposit, pictures show no damage, difficult to definite what is excessive wear and tear for carpeting off]. You have no real evidence to support your position, while I do have evidence. A trier of fact would feel the circumstances do not support your claim. You are not going to go to court over $260.

You refuse to respond to my calls, letters, etc. Your behavior has become harassment. If you should sue me, I will cross-complain for your intentional infliction of emotion distress.

By the way,did they return your money within 21 days of your vacating/ If not they violated the law and would have to return all o fthe security deposit.

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Answered on 1/30/11, 7:42 pm


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