Legal Question in Landlord & Tenant Law in California

I moved out from a studio apartment located in Southern California before 1 yr contract ends. I paid full 3 months rent and lease break fee. I cleaned the place like the way it was before I moved in. There was no damage at the time I vacated.

After few weeks later, I was still waiting for return of my security deposit, they sent me a letter that I need to pay $21 extra for the wall painting touch up, cleaning and carpet shampoo. I researched online California Civil Code Section 1950.5 describes that landlord cannot deduct for painting, carpet shampoo, or replacing the carpets unless tenant damage that exceeds ordinary wear and tear. I called the landlord and they said because I didn't live full 1 year, because I lived only 3 months, they are requesting me to pay for carpet, clean, and wall painting. Is this accurate? Do I need to pay for those when there are no damages?


Asked on 4/21/11, 1:52 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

If you only lived there three months, then the apartment should have been returned in essentially exactly the same condition in which you rented it from the landlord. Yes, they can charge for cleaning. Carpets should have been cleaned before you left, and paint (after only three months of occupancy) should not have required any touch-up. Basically, because you lived there for such a short period of time, the apartment should have required no work on their part before another tenant moves in.

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Answered on 4/21/11, 3:19 pm


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