Legal Question in Landlord & Tenant Law in California

I recently moved out of an apartment where I paid a $250.00 security deposit. I received a letter from the Landlord stating that the curtains had to be replaced due to cat hair and "holes" The letter had a invoice for the new curtains to replace the "damanged" ones and he says I owe an additional $126. Since he is keeping my deposit in full can he ask me for additional money?

Also is pet hair on curtains defined as "damage?"

Any information you have for me will be greatly appreciated.

-Abbey


Asked on 1/06/11, 10:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Abbey, the damage is the holes in the curtains. The pet hair is a cleaning issue, but the landlord is entitled to withhold from your security deposit for damage which exceeds normal wear and tear (little doubt that damage to the curtains caused by a cat exceed normal wear and tear), and for cleaning required to bring the apartment back to the condition it was in at the time it was delivered to you. As I would guess there was no cat hair in the apartment when you moved in, deduction for that cost is probably appropriate.

Can a landlord come after you for more than your security deposit - absolutely. You can attempt to settle it for less, but be prepared that if you do not pay them the additional balance, they may sue you in small claims court.

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Answered on 1/13/11, 11:15 am


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