California  |  Landlord & Tenant Law

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1/28/10, 4:24 pm

Legal Question


How do we get our security deposit back? Are painting, carpet cleaning, and floor cleaning legal charges?


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2/02/10, 4:42 pm

Legal Answer


I could a letter to the landlord or you could go to court as two primary options.

Best,

Daniel Bakondi, Esq. danielbakondi@yahoo.com 415-450-0424

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Daniel Bakondi

The Law Office of Daniel Bakondi, APLC 870 Market Street, Suite 1161 San Francisco, CA 94102

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2/02/10, 4:44 pm

Legal Answer


Carpet and floor cleaning are generally legitimate charges. Painting depends on the condition of the paint when you moved in, how long you were in the unit and the condition when you moved out. Interior paint has a useful life and if it was due for repainting based on the age of the paint, a repaint is on the landlord. If you smoked in the unit, left significant picture hanging holes, or just left soiled paint that could be more efficiently painted over than cleaned, or could not be properly cleaned/repaired, then that is a legitimate charge too. Just by way of example, the only time I've ever charged a tenant for paint is when she undertook to repaint herself, with my OK, but never finished the job and left it looking like garbage.

Timothy McCormick

Libris Solutions - Dispute Resolution Services 1990 N. California Blvd., 8th Fl Walnut Creek, CA 94596

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2/02/10, 10:25 pm

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If you disagree with the charges take the landlord to small claims court. The charges mentioned are generally legitimate but if they are outrageous then not so.

Try to work it out with your landlord first before you take them to court.

Good luck.

Melvin C. Belli

The Belli Law Firm 35 Miller Ave Suite 199 Mill Valley, CA 94941

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