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Updated over 2 years ago on . Most recent reply

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Martha Vielma
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URGENTLY need help deciphering normal wear and tear

Martha Vielma
Posted

I lived in my rental for five years, seven months. The owner claims he had the carpet installed about one year before I moved in. This would mean it is at least six years and seven months old, possibly more. He asked that I have it professionally cleaned and treated for pet urine upon moving out and I did, but he came in to inspect with a black light and saw spots. I’m having the same person come out and re-clean it for free but he is telling me that if it is not clean to his standards, I will need to pay for the company he chooses and that will be $500-$600. Can he do this? as far as I’m concerned, I held up my end by having it professionally cleaned. There are a few visible stains throughout the house, but nothing huge and no damage or tears. He also wants to charge me for the inside of the cabinets that seem to have some oil-like stains  where my canned goods were. In his eyes, they are damaged beyond repair and may need replacing. The cabinets or shelves are in no way broken or chipped. It is just please “stains“ that you’re seeing. Though not detailed the initial walk-through at the time I moved in states there are stains inside the cabinets. I honestly don’t remember what was there before and what wasn’t . He also wants to charge me for repair of a couple of kitchen counter tiles that I am being told by others look like fracture lines from the house settling or stress fractures. The ones on the square tiles are right by my front door and my issue with these is that these tiles have always been loose as if they weren’t properly installed and therefore more susceptible to damage. There are a few more things he wants to charge for but I thought I’d start with these, and have included some pictures. We spent a long time detailing every corner of the house and left it in amazing shape. You wouldn’t think six people inhabited this house full-time for almost 6 years. Please let me know if you feel he can charge for these and/or what the guidelines are.

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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied


You’re in California, if you can’t win as a tenant in California you can’t win anywhere. I would show the landlord the cabinets stained at move in paperwork and call that one settled. The carpet should be near the end of its life and you’d probably get away with that. I would assume there are a ton of tenant assistance People/companies you could contact. I’d remind the landlord of this….

If the landlord misses the 21-day deadline, he forfeits the right to deduct anything. If he keeps the money in bad faith, you can sue for up to 3 times the amount of the deposit.

https://caltenantlaw.com/secur....

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