Normal wear and tear

[Snowish]

What is considered normal wear and tear? I had a $500 deposit that was supposed to be returned in 21 days. I did not receive it until 45 days after vacate and my condo was immediately rented. He deducted cleaning and carpet cleaning even though i was in residence for 17 months. Aren't those charges waived after 12 months as "normal wear and tear"? I cleaned the condo myself when i left and the carpet was very old and in bad condition and was not cleaned for my move in. Please help...

 

[Tracey]

Under any state law, he waited too long to send you the statement of deductions. Also, he may not charge for normal wear & tear. If the carpet wasn't cleaned before you moved in and you were there for 17 months, he was going to have to clean it anyway. The cost is not due to your actions.

Tell us your state & we can tell you how much money you'll get when you sue him in small claims court. (double or triple the deposit)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[[email protected]]

I am in California. He printed the date of May 22 on the check, which would have been correct but the post mark on the envelope says 6/14 and i spoke to him yesterday and he stated that they usually pay bills on the 15th. Only this check was one month too late. He stated that he "just spaced it" on mine and my neighbors that moved out on the same day.

 

[Tracey]

"Oops" is not a legal defense. Since you saved the envelope, you've got him by the short & curlies. I'll let IAAL locate the law for you. He's much better at finding California law than I am. You can also talk ot the local tenant's assoctiation & they can help you find the law. Sue him in small claims court. The freeadvice site has a nice little primer on small claims cases.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.