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  1. #1
    Join Date
    May 2008
    Posts
    20

    Default Carpet Cleaning and Rent Increases

    I am in the state of California.

    First - Can anyone tell me if there is a statute of limitations for filing a small claims case against a landlord?

    I would like to get other's thoughts on whether or not you would pursue anything against my landlord (if you were me)!

    I found a duplex that I really liked, but I had one major issue - The carpet was so smelly and rundown that I couldn't bear the thought of myself or my very young daughter laying/crawling on it. This carpet was original with the duplex, so it was at least 15 yrs. old. My landlord agreed to put in new carpet if I paid for half. 6 years later, he evicted me because he was selling the duplex. I steam cleaned the carpets before leaving (I have a steam cleaner). My landlord deducted a few hundred $'s for carpet cleaning because it is stated in the lease that it will be done by a professional cleaner. He did not charge my neighbor for this when he moved out. In fact, he eventually had to recarpet his place prior to the sale. This bugged me because I paid over $1700 for the carpet when I moved in, yet he's going to charge me to clean it?

    Also, I had sent a rent payment for Dec on November 23's via bill pay. For some reason, my landlord did not receive it until Dec 8th. He sent me a bill for $104 in late charges. Rent is past due after the 5th. I sent him a letter telling him that his charges were extreme and that I could prove the money was deducted from my account on the 23rd. I informed him that he could not collect due to CA law. Within a few weeks, I received a notice that my rent was being increased $50/month (only mine). It appeared to me that he was going to get that late fee one way or another. I paid the increased rate for over a year.

    Lastly, my landlord deducted $150 for an outstanding garbage bill that I had already requested to be transferred to my new place. He never paid the bill or made any effort to return this money. Even after he sold the property, I didn't get my money back. I had to pester him for a few months.

    These aren't huge amounts, but this man was such a horrible landlord. I spent at least $4000 during the time I lived there in order to make it more livable. I always paid on time and was an ideal tenant. It's not the money as much as my desire to send a message that it's not ok.

    All thoughts/opinions are welcome and appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Carpet Cleaning and Rent Increases

    Presumably your landlord replaced your friend's carpet when he moved out because it was 20 years old. He could not successfully charge for cleaning a carpet that he didn't actually clean.

    Did your landlord provided you a receipt documenting the charge for professional carpet cleaning? How much was it, for how many square feet? Was there also stain removal?

    You received notice of a rent increase, apparently as a month-to-month tenant or consistent with lease terms allowing for a rent increase, and chose to remain in residence and pay the rent. Why do you believe you can claim any of that money back?

    You pestered your landlord for a few months over the garbage bill and... then what? He paid it? He refunded the money?

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