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I have discrepancies with our old apartment complex trying to charge us money for damages and rent due.

San Diego, CA |

We had a lease with our old apartment complex and notified them before the lease was up that we would be moving before the end of the month. The lease ended the 31st of December 2012. We did our initial inspection on the 28th of the month and vacated the apartment. We were told we needed to pay prorated rent since we didn’t give a full 30 days notice, before the end of the lease, and we would be charged partial of Januarys rent.

After we left we received a notice saying we owed money for carpet repairs (dogs had urinated on it), and rent fees, because our deposit did not cover the expenses. We had lived in the apartment for over 2 years. Funny thing is the final inspection report had an earlier date than the initial inspection, and other discrepancies such as; request to be at inspection

Attorney Answers 2


  1. It sounds like you are dealing with a large management company who routinely takes advantage of their renters. Review your lease agreement for notice requirements but usually when a fixed term lease is up you can move out; 30 days notice is not required unless stated in the agreement.

    If they did not give you an itemized list of deductions made from your security deposit request one. You can then dispute the charges and request a return of any remaining portion of the security deposit. Since you lived there for 2 years they should not make any deductions for reasonable wear and tear.

    Good luck and if you would like any further assistance please contact my firm.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  2. Many leases state that unless renewed, it automatically converts t a month-to-month. There may be a notice requirement in the lease. See what it says. If the language states that you simply must move by the end of the lease, you should not have any unpaid rent deducted. As to the cleaning or repair expenses, normal wear and tear shouldn't be deducted because that should be taken into account as part of the rental price, however, I do not know how badly stained the carpet is from pet urination, etc. Depending how long that was allowed to fester, they may very well be within their rights to deduct that expense from your security deposit. I suggest you review California Civil Code 1950.5 for additional details.

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