Deposit being kept due to carpet

[needadvice09]

My landlord told me she would only hold me responsible for a carpet cleaning and a small patch job. I met with her to see the carpet after it was cleaned and patched, and she said- this is what I will hold you responsible for. She then told me she would make copies of the receipts and pictures and mail them out to me the next day, with the remainder of our deposit check.
When I opened her letter 4 days later, she stated she went back in to see the carpet after it dried, and some stains were still present, and she now felt they would inhibit her from renting the apartment, so she decided to replace all of the carpeting in the unit. Thus she said she would keep our entire deposit.
Deposit: $1800
Carpet cleaning (780 square feet) : $450
Carpet patch: $250
Estimate of original carpet for 1500+ square feet (she had half of it replaced with tile pre-cleaning): $2600
Estimate of our responsibility: Expected 7 years of use of carpet, we lived there 3 and 1/2 : $1300

Can she charge me for both the cleaning and then the replacement afterwards?

 

[Gail_in_Georgia]

What state did this take place in?

Did she provide you with all of the receipts? $450 for cleaning 780 square feet of carpet seems pretty darn excessive.

Gail

 

[needadvice09]

This was in California. I saw the reciept when I went there to the unit, and she also mailed me a copy--All it says is $450 - there's no description/details of what that really entailed.
Basically before this occured, she had done 2 walk throughs, and both times estimated it would cost $300 for the cleaning. When I showed up post cleaning and it cost $450, I was disapointed but was ready to just be done with the whole process and said ok. She then called me 5 minutes after I left, and said she was sorry the cleaning was $150 over the amount she originally estimated. She then offered to "split this difference" and said she would give me $75 (half of the $150 over the estimate). She said she would mail the check. I said thank you.

Then when I opened her letter, I got the above-- saying she was going to replace the carpets. I don't have any way of proving what she said to me- so I'm not sure how to go about this-- I just really feel that I'm being taken advantage of.

 

[Gail_in_Georgia]

Please review the attached information regarding what a landlord has to provide former tenants in regards to the amount of the security deposit kept for damages above normal wear and tear:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

This would imply that more details than just $450 for carpet cleaning needs to be provided to you. Information on who did this work (and, if the landlord or his/her employees the exact amount of time spent), their contact numbers, etc. would need to be provided so you could double check the accuracy of the charges.

It is, of course, possible that after the cleaning process stains did remain, requiring carpet replacement. However, the cost of this replacement (prorated depending on the age of the original carpet) cannot simply be an "estimate".

I hope this helps...

Gail

 

[needadvice09]

Did she technically send me a "good faith estimate" before 21 days by saying the original carpet was $2600?-- but she did not provide me a receipt proving this as of yet-- and it is now post 21 days after we moved out. She said she is getting an estimate for the new carpet this week. Would she need to charge us based on the old carpet or the new one?
The reciept did have the names and phone number of the carpet cleaning company. I will call them and ask for a detailed receipt...

She did not allow us to see the carpet again after it dried- she just sent pictures. Most of which show distinct areas where furniture was sitting. One before-cleaning picture shows a very faint stain, but the after picture shows a more prevalent stain.

I understand that the carpets were new when we moved in, and it is our responsibility to return the unit in the same shape we were given it-- but how does this work with carpets? Obviously it is impossible to return a carpet to new after 3 1/2 years. There weren't any outrageous stains like Kool-aid or wine- which I would understand the need to replace. But outlines of furniture? I would think that is wear and tear-- or a low quality carpet.
So if she thinks the carpet is great, but in reality the fact is that the carpet is indeed low quality-- can she still win this argument solely on her opinion?