Landlord Refuses to Pro Rate Replacement, CA

Hello,

I just moved out of my apartment in San Diego, CA, which I rented for 2+ years. I was never offered a PMI and just received a partial refund of my security deposit.

The carpet needed to be replaced (I accept responsibility for my dog!), but my landlord refuses to pro-rate the cost of the carpet. Additionally, she is claiming that the carpet was new, but her repair list indicates that she had to clean stains from the carpet prior to my move in. This indicates to me that the carpet was not new. Also, my dog ripped a hole in the carpet, and when I repaired it the backing mat on the carpet had dry rotted!!!!

So, how can I get her to pro-rate the replacement? I don't care if it was new/old, what I am upset about is being charged for the cost of a brand new carpet and not being credited for the 2 years of the carpet's usable life.

Suggestions?

Thanks!!

[randalljd]

Based on what you say here, if you really did not do any such damage, you could file suit against her (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...even the filing may cause compromise.

[OHlandlord]

Before filing in court, send her a letter to contest her charges. Let her know that she must charge you the depreciated value of the carpet and that you have proof from your move-in inspection that the carpet was not new at move-in. Also, since she never offered you a PMI as required by CA law, let her know that you want your entire deposit returned to you. Quote CA law on the PMI. Send it to her by certified mail, return receipt requested and keep a copy. If she does not reply or favorably reply, then take her to court. The fact that she failed to offer the PMI will go in your favor. You may not get your whole deposit back, but it might get her to reasonably compromise.

Thank you so much!

I also had Tenant Insurance for my pets (which comps me up to $700 worth of damage), and she promised (in writing via e-mail) to send to me the supporting documents to make my claim. I have not received the paperwork or a reply to my last e-mail contesting the age of the carpet.

It has been two weeks since I last heard from her and have decided that I have been generous enough. I will be sending a certified letter to her tomorrow.

Thank you again for your advice!

[OHlandlord]

She may end up owing you money if you take her to court. Failure to offer a PMI and failure to enclose receipts for deposit deductions over $125 are not looked upon kindly in tenant friendly CA courts. These are both required by your state law. She is not complying with the law by "forgetting" to do these things. (Heck, I know about them and I live across the country - she has to know about them!) Push these issues as far as you can and get back as much as you can. She is violating several huge requirements here.