Legal Question in Landlord & Tenant Law in California

Carpet cleaning?

When I moved into my apartment, the carpet was not entirely clean. My landlord has engaged in bad faith practices that essentially render my apartment uninhabitable under California Civil Code 1942, which says I can leave. He broke my lease in many ways, so I put in a 30-day notice to leave. He is trying to deny it.

I also recently discovered that he illegally charged me a late fee under both California Civil Code 1962 and California Civil Code 1671. My rent was in the mail when it was due and as soon as my rent was received it negated any damages, which apparently makes it a credit to my account.

I have written him a letter outlining the ways in which he broke my lease, and demanding my full security deposit back because he breached the contract. I'm sending a follow-up letter including more violations I have noticed with exactly how much he owes me.

However, I do not want to be hit with the ridiculous cleaning costs he'll probably try to deduct. If I rent a carpet cleaner from OSH and clean the carpet myself, does it count under law as a carpet cleaning if I show the receipts?

Asked on 4/15/08, 4:54 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett
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Re: Carpet cleaning?

Your only question concerns the carpet cleaning.

The law is that you must leave the place as clean as it was when you moved in.

It is best to do a walk through with this cheap miser, and have him sign regarding the cleaning.

So far, you are doing everything correctly.

Please feel free to e-mail my office, if you need more help.

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Answered on 4/15/08, 8:04 pm

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