Legal Question in Landlord & Tenant Law in California
Who is responsible for replacing the carpet?
My roommates and I recently moved out of a 3 bdrm townhouse where the landlord has quite a hefty sum of our security deposit. We got the carpet steam cleaned by a carpet cleaning service and the apartment cleaned by a maid service. A few days after we moved out, he calls us and states that there are several spots in the carpet that he feels is unacceptably stained and he would like to either replace those specific areas of carpeting or replace the carpeting in the whole apartment. The carpet in our apartment is at least 3-4 years old and the stains he has told us about are by the doorway (where shoes are left) and the stairs leading from the garage to the living room. He wants to charge us for the expense of replacing the carpeting and I'm wondering if we should be responsible for this. My roommates and I believe it's mostly wear and tear rather than negligence on our part. We also believe that he wants to replace the carpet and this is his way to avoid paying for it (also we're college students and he may be taking advantage of our youth). Thank you for your time and consideration and I look forward to your response. I appreciate your help and the service you are providing to the general public.
2 Answers from Attorneys
Re: Who is responsible for replacing the carpet?
There are very few such stains that a professional carpet cleaner could not remove. Also, the part about considering replacing all the carpeting in a 3 brm townhouse for a couple of small stains on the first floor is ludicrous. Even if they can't get a perfect dye lot match for each floor, at most, its only important that the carpet on the one floor matches if he wants to be a perfectionist. Also, unless he is using some exotic type of carpet, its pretty easy to find a close match and have a good carpet repairmen sew or glue in a section. This is neither rocket science nor interior decoration.
I agree your former landlord sounds like he is very much trying to stick you for his desired carpet upgrade. You should definitely tell him no dice. Send him a letter telling him his explanation of his proposed offset to your secutiry deposit is unacceptable and beyond that allowed by the law, and if he doesn't refund it in full with interest as required by the law, you will take him to small claims court.
If you'd like any help drafting the letter or putting together the language for your small claims complaint, let me know at [email protected]. I would add that I have a very close friend who grew up working for her father in the carpet business and spent many years in the business, and is an expert who knows just about everything they can and cannot do to a slightly stained or soiled carpet. We can get her help, too, if you like. My son is a college student. I don't like these kind of landlords.
Although I practice in Georgia, I have been a member of the California Bar since 1979, so your question was referred to me.
Re: Who is responsible for replacing the carpet?
It sounds like this is normal wear in tear in high traffic areas. The landlord is supposed to provide an itemized accounting of the security deposit and return of same within 14 days of vacating the premises. If he unfairly withholds the security, you can take him to small claims court. Hopefully, you took pictures of the so called damaged areas of the rug. The local courthouse will have information and forms to file in small claims. Good luck and thanks for inquiring.
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