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Landlord Deducted $1,500 for 'Carpet Replacement' After 5 Years - Is This Legal?

Started by someone_please_help_5 · Aug 6, 2024 · 0 replies
Security deposit laws vary by state and locality. This discussion focuses primarily on California law. Always verify current statutes before taking legal action.
SP
someone_please_help_5 OP

Just moved out of my apartment in Los Angeles after living there for 5 years. I kept the place in great condition - cleaned thoroughly before move-out, no holes in walls, everything normal.

My landlord just sent me an itemized deduction statement. He's keeping $1,500 of my $2,400 security deposit for "carpet replacement." The carpet wasn't new when I moved in either - it looked like it was already a few years old.

Is this legal? Can landlords really charge you for normal wear and tear? The full replacement cost seems insane when I didn't actually damage anything.

SP
someone_please_help_5 OP

UPDATE: You all were right!

I sent a demand letter citing California Civil Code 1950.5, included the depreciation schedule, and mentioned the 2x bad faith penalty. Used the security deposit demand letter template and customized it with the specific details about the carpet age.

Landlord called me within 3 days of receiving the letter. Suddenly changed his tune completely - said there was a "misunderstanding" and that his property manager "made an error."

Got a check for the full $1,500 this week. No small claims needed.

Lessons learned:

  • Landlords count on tenants not knowing the law
  • A demand letter that cites specific statutes gets results
  • Depreciation is your friend - even with real damage, you rarely owe full replacement cost
  • Take photos at move-in AND move-out
  • The threat of 2x bad faith penalty is powerful motivation

Thanks everyone for the help. This forum literally saved me $1,500!