Legal Question in Real Estate Law in California
What is the landlord responsible for after tenant leaves?
I lived in a duplex for 8 years. I thoroughly cleaned the residence b4 leaving. My landlord kept my deposit & sent me a letter stating that I owe them money for repairs & cleaning that they did. They claim they replaced the carpet, re-cleaned the house, put in a new rod for the window, re-placed a broken toilet and chipped basin,and used 2 bottles of cleaner on the carpet b4 having it replaced. They have not provided me w/ any receipts for these charges. I had notified them on 2 separate occasions re: the toilet cracking and they never fixed or replaced it. Can they charge me for fixing it now that I have moved when I had complained about it b4 moving? Also, they claim that the carpet had a 15 year life and has now been replaced 5 yrs. b4 the carpet warranty so do they need to show me receipts proving this? Thank you for your time.
1 Answer from Attorneys
Re: What is the landlord responsible for after tenant leaves?
A landlord cannot keep a security deposit for normal wear and tear. Generally, carpeting falls under normal wear and tear, unless if was damaged by spilling or burn holes, etc. Regarding the toilet, once again, did something happen to cause it to crack?
You say that you lived there for 8 years, but the carpet was replaced 5 years ago. Was the carpet replaced while you were living there?
Was there a walk through done when you moved out with the landlord or a manager? What notes, if any, were made at that time.
The answer to some of these questions will determine if he can keep all or part of your deposit. How much was the deposit?
A letter of demand should be sent to the landlord, and then followed up with a small claims action, if needed.
You have nothing to lose but some time and a filing fee.
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