Legal Question in Landlord & Tenant Law in California

moveout deposit

The landlord has charged me $150.00 for cleaning fees after moving out. This was for the oven, which the property manager told me not to worry about, the bathroom, and the refigerator. I cleaned all of these throroughly, to avoid said charges. What are my options in small-claims court? How much of a headache can I expect?


Asked on 10/23/08, 6:32 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: moveout deposit

A landlord may properly charge a cleaning fee if the apartment is not left in as clean a condition as when you moved in. The fee must be reasonable, and must be documented by a copy of an invoice from a vendor providing the service, or if the landlord cleaned it himself or herself, then a written statement itemizing the time spent and a reasonable hourly rate charged. I am assuming the landlord did not provide an invoice nor a statement. Do you have the ability to document the condition of the apartment when you moved out - i.e., pictures. This is going to boil down to who does a judge believe, and if you or your landlord has pictures to back up your respective claims, that party will probably win. Otherwise, its a he-said, she-said issue and the judge is going to rule in favor of whom he believes to be more truthful. Is it a headache - in my opinion yes, but its up to your finances to decide if a couple of weekdays away from work is worth $150 to you. You will need a half a day to go to court and file the action, and another half a day to attend a trial (maybe more depending upon how busy the court's calendar is). There is also still the chance you will lose and have wasted that time. Its not hard, however, to file a small claims action.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/23/08, 6:47 pm


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