Legal Question in Landlord & Tenant Law in California

security deposit

After giving our 30 day notice in writting my landlord told me not to worry about cleaning the carpets because she was going to replace the carpets and sell the house. After vacating the landlord walked with me and a neighbor through the house to inspect. She wrote ok for each room had me sign the paper and then 20 days later she sent me a partial of the security deposit and a list of what she kept the money for. She kept money for a carpet cleaner, cleaners and time to clean the carpets. Can she keep money for carpet cleaning after telling me not to clean the carpets?


Asked on 6/02/03, 1:48 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: security deposit

if you justifiably relied upon your landlord's comments regarding the carpeting, then you are within your rights to protest this issue regarding return of only your partial deposit. however, without evidence or witnesses to your landlord's statements to you, your claim may be quite difficult to prove unfortunately, as it will boil down to your word against her's, and you would have the burden of proof as the plaintiff in this cause of action.

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Answered on 6/02/03, 2:42 am


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