CuriousCat3K

Old landlord asking for money for damages after deposit was returned

5 posts in this topic

My 2 Companion Dogs and I moved out of an apartment in January 12, 2012. I had the carpets professionally cleaned. The resident manager and I did the final walk through on January 16. She and I signed the paperwork and I received my deposit back in about a week. On February 15th, the Leasing manager called me to say that the carpet needs to be replaced and is charging me for that. Can they do that? I have been trying to research my rights, but I can't seem to find anything that speaks to landlords seeking compensation after the deposit has been returned. Please advise.

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What state is this concerning? How much time has passed since you received your deposit? Also, did you receive an itemized statement regarding this charge?

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  1. This was in San Diego, CA.
  2. Have not received an itemized statement. Now the leasing manager is telling me if I don't contact him soon, that the "corporate office" will send me to collections.
  3. I received the deposit within 10 days of moving out.

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My 2 Companion Dogs and I moved out of an apartment in January 12, 2012. I had the carpets professionally cleaned. The resident manager and I did the final walk through on January 16. She and I signed the paperwork and I received my deposit back in about a week. On February 15th, the Leasing manager called me to say that the carpet needs to be replaced and is charging me for that. Can they do that? I have been trying to research my rights, but I can't seem to find anything that speaks to landlords seeking compensation after the deposit has been returned. Please advise.

The place you look is the security deposit statute Section 1950.5 at:

http://www.leginfo.c...ile=1940-1954.1

Read it carefully. It's a bit complicated.

But I don't see anything in there that actually prohibits a landlord from seeking compensation for damage that could not be discovered upon the move out inspection.

For example, if pet odor or damage was masked for several weeks by the smell of the cleaning chemicals, the landlord should still be able to claim compensation for damage.

For your own protection, i suggest you immediately contact the management office and arrange to personally inspect the carpet and find out what they are talking about.

Understand that if you are, indeed, responsible for damage they will only be entitled to the Actual Cash Value of the damaged carpet which is its replacement cost less depreciation.

So if you are going to agree to pay anything you will want to get their written estimate as to the replacement carpet, confirm that the estimated carpet is like kind and quality of the existing carpet, and demand documentation of the previous installation date of the damaged carpet.

Then you can attempt to negotiate a settlement which, of course, you get in writing before you hand over any money.

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