Legal Question in Landlord & Tenant Law in California
Request For Security Deposit
My last landlord refuses to return our security deposit. He has provided us with an itemized list of what he used the deposit for. However, we were charged for replacing the entire carpet even thought there were no damages to it. We even had the carpets cleaned before moving out I feel that we should have not been charged for replacing the carpet becuase it is considered normal wear and tear on a rental unit. Am I correct or does the landlord have a right to charge me for carpets that they are requiered to replace are each tenant moves out? if i am correct what can i do from this point?
1 Answer from Attorneys
Re: Request For Security Deposit
There is no case law that I am aware of that really delves into the meaning of "normal wear and tear" as defined under the Civil Code. Although small claims judges decide issues like this everyday, it is still decided on a case-by-case. Nobody would spend the resources necessary to take a case like the to the Court of Appeal for a definitive ruling.
Your best bet is to file a small claims lawsuit. Bring the invoices from the carpet cleaning. If you have them, bring pictures of how the carpet looked when you left. For further advice, check with the free small claims advisor at your local small claims court.
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