Legal Question in Real Estate Law in California
Landlord refuses walk-through
My roommate and I left our apartment after our 6 mo. lease ended. The landlord claims to have done a walk-through on her own and says there is a bleach stain in the carpet which she needs to replace. We disagree that such a stain exists. She claims to have photos, but obviously we are still suspicious. I asked to see the stain personally, but she insists I cannot do a walk-through. I asked why and she told me another tenant has already moved in. Obviously, there is a discrepancy since she claims the apartment has already been rented out while she still plans to get an estimate from replacing the carpet. I have no proof or pictures of my own. Do we have a legal claim since it seems like our word against hers? I have not yet received a statement or evidence from her yet, or the remaining deposit.
1 Answer from Attorneys
Re: Landlord refuses walk-through
Sue her in small claims court to attempt to recover your security deposit. The problem with the pictures is they may be of another apartment. However, you might be able to find out the name of the new tenant(s), and subpoena them to be witnesses at the trial. You would have known of a bleach stain. So the claim is a little suspicious on its face.
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