Legal Question in Real Estate Law in California

2nd Carpet Cleaning Tenants Responsibility?

Background:

We moved into our rental house and found the carpets extremely dirty. The landlord offered to replace them if they didn't come clean with the hired carpet cleaner. We declined, thinking we would have a better chance of getting our security deposit back. After the carpets had been deep cleaned twice they were still very visibly stained.

Fast Forward 1year eight months:

We rented a steam cleaner and cleaned the carpets-they looked fairly clean, (we did not put any large stains on the carpets). The landlord said they would charge us to have the hall carpet professionally cleaned and we would be charged for that. They charged us $300 out of our deposit and said it was for cleaning the carpets. We confronted them and they said they could think of other things to charge us if we go to court . . . what to do?

If their letter to us with check for remaining deposit says they charged us only for carpets-can they bring up other stuff in court? Help.


Asked on 6/10/02, 10:08 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 2nd Carpet Cleaning Tenants Responsibility?

Only you are in a position to know whether to call the landlord's bluff or not, but if you are sued in small claims court the complaint must specify the money damages sought and, except for court costs, the court cannot award more.

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Answered on 6/10/02, 10:50 pm


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