Q: Hi I just moved out of an Apartment where I had deposited a security deposit of 1000 dollars
In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my rental agreement says that I have t to make it clean to the lessor satisfaction.( No any specifics on satisfaction was given). My question is am I liable for cleaning costs beyond my security deposit? Additionally can I sue them in small court claim do I even have a case to claim? Unfortunately I have not taken photos after I left. I asked them for cleaning photos whatever they have done before and after but have not received any reply from them. They are saying if I don't pay they will send the file to collection. I don't want to ruin my credit score. If I file a case on small court will it still be send to collection agency until dispute resolved?
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A:
Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court if they can't define or prove what that means. Since you have requested photos and haven't received a response, this lack of evidence from the landlord could work in your favor.
You can sue them in small claims court to contest the charges and potentially recover your security deposit. When you file a small claims case, the court will temporarily protect you from collection actions related to this dispute until the case is resolved. Be prepared to present any evidence, such as witness statements or records of your requests for documentation, to support your claim.
Taking legal action can also prompt the landlord to settle the matter more reasonably to avoid the hassle of court. Since you want to protect your credit score, filing a case might be a strategic move to show you are serious and to ensure the dispute is addressed fairly. Consulting with a tenant rights organization or legal aid service in California could provide additional guidance tailored to your situation.
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