Landlord missed 21 day deadline

[Bella1986]

What is the name of your state? California

Hello,
On April 1st I moved out of my apartment in Santa Rosa, CA. I knew that my landlord was required to return my deposit and an itemized list of deductible expenses incurred within 21 days of my vacating the apartment. I did not hear from them so yesterday (the 25th) I contacted them for an update. I was informed that I would not received my deposit back because the carpet was dirty. I disputed this since I had the apartment professionally cleaned and I cleaned the carpet with a steam cleaner. They would like to meet at the apartment to discuss the carpet. My question is: Should I meet them to discuss the deposit or should I file a claim in Small Claims Court since they missed the 21 day deadline?

 

[justalayman]

It’s entirely up to you. Meeting them doesn’t prevent you from suing eventually nor does it prevent them from suing you.

Unless you had a very minimal deposit I would think it difficult to spend the entire amount on carpet cleaning though. One would think you would be due something.

 

[Just Blue]

What is the name of your state? California

Hello,
On April 1st I moved out of my apartment in Santa Rosa, CA. I knew that my landlord was required to return my deposit and an itemized list of deductible expenses incurred within 21 days of my vacating the apartment. I did not hear from them so yesterday (the 25th) I contacted them for an update. I was informed that I would not received my deposit back because the carpet was dirty. I disputed this since I had the apartment professionally cleaned and I cleaned the carpet with a steam cleaner. They would like to meet at the apartment to discuss the carpet. My question is: Should I meet them to discuss the deposit or should I file a claim in Small Claims Court since they missed the 21 day deadline?

How much was your deposit? How old is the carpet...ie...was it new when you rented the apt? Is LL saying it was just dirty or needing replacing?

 

[Bella1986]

My deposit was $1295. The landlord is saying it needs to be replaced. It was two years old when I moved in 5 years ago.

 

[justalayman]

My deposit was $1295. The landlord is saying it needs to be replaced. It was two years old when I moved in 5 years ago.

Well, thats different than itmsimply being dirty. While he cannot charge full price for the carpet (the cost must be reduced to consider depreciation), that’s still a lot.

Has he given you an estimate to replace the carpet, even if only verbally?

I would think it is wise to meet the landlord. Take pictures of,the claimed damage if you don’t already have them. If you intend on contesting the charges, pictures could be helpful.

 

[Bella1986]

Well, thats different than itmsimply being dirty. While he cannot charge full price for the carpet (the cost must be reduced to consider depreciation), that’s still a lot.

Has he given you an estimate to replace the carpet, even if only verbally?

I would think it is wise to meet the landlord. Take pictures of,the claimed damage if you don’t already have them. If you intend on contesting the charges, pictures could be helpful.

He has not given me an estimate, he just told me I would not be receiving any of my deposit back.

 

[Zigner]

I would send him a letter demanding the full amount back, as he failed to comply with the law. Then, I would sue him if he fails to pay you in a timely manner (ie: 10 days). He will be able to counter-sue for the damages, but 7 year old carpet is at the end of it's life anyway...

 

[justalayman]

I missed the time, 7 years.

The amount of depreciation is based on the useful life of the carpeting in place. Most carpets won’t have a useful life greater than 10 years. Many, especially those often used in a rental unit, have a considerably shorter life expectancy. I suggest at 7 years the useful life is likely passed or if not, nearly so. That would mean he can charge you on for the percentage of useful life remaining. If the life was 10 years (for the sake of example), he could charge you only for the 30% remaining. If he is charging you $1295, that would mean it would be based on carpet that costs $4300 to install a similar quality carpet now.

Even if he can charge you that much, he still needs to provide an itemization or the deductions from your deposit. Given he has ignored your request for an itemization, I would argue his actions are willful and in bad faith. That alllows you to seek treble damages (three times the amount I properly retained). It is up to the court to determine if his actions meet the bad faith title.


If the useful life is 7 or fewer years he can’t chsrge you anything for the carpet. It is considered to be worthless at this point so he gets nothing for it.

 

[Bella1986]

After telling my landlord again that he was in violation of the law by not providing me an itemized list of deductions from my security deposit, he said that his assistant will be dropping off my deposit tomorrow. He caved and is giving me my full deposit back but only because I knew the law and knew my rights. I wonder how many people he has stolen money from.