Can a landlord add damages they have found after they have completed and signed an exit walkthrough?

Question

A walkthrough was completed with me, and signed for all damages they found. At the time, they said the carpets were fine, and just needed to be professionally cleaned. Now, a week later, they are claiming they needed to pull the entire carpet out, which I know didn't need to be performed. Can they do that, and charge me for it? Also, I had them signed on the exit walkthrough, that any changes or increases to the initial cleaning estimates, that they needed to notify me first. They went ahead and perfomed all the work anyway. What are my rights in this situation?
Thanks,
Tony in California

At the time of the walkthrough, the landlord said that the only things that he was going to charge me for was a general cleaning fee of $110 and a carpet cleaning of $70, but that those were estimates. I wrote in before we both signed it, and said that I approved of those estimates but anything beyond that I needed to be contacted. He signed, I signed and I have a copy of the form. Now I have a bill charging me for $110 cleaning, $596 for new carpet, $183 for paint and labor (something that he verbally said he wasn't going to charge me for).

Answer 1

if they decided to keep your deposit it you will have to fight in small claims court

first the signed walk through is a positive for your complaint because they will have the burden on the court to show why the court should disregard their signature statement and accept a totally different statement not an easy burden

next the charge for the carpet, they are only entitled to fair market value of the carpet at the time it was destroyed, not replacement value

this means carpet is given a seven year life span, so if the carpet is over seven years you are in good shape

next they will have to show by proof why the carpets after they sign OK had to be replaced

your case sounds probable go sue them

on the paint when was the last time the landlord painted the place over normal wear and tear

Answer 2

Despite the common misconception, no money is to be made in security deposits. A landlord can only charge the tenant a percentage of the actual costs based on normal wear and tear. The tenant can request a copy of all bills and how the percentage was calculated. The "life expectancy" of a carpet is generally between 7-10 years, paint is about 5.

If furniture was still in the apartment when the walk through was preformed then there could have been hidden damage or excessive wear and tear. Ask the landlord if they have pictures of the additional damage they are claiming.

Answer 3

The only thing you can do is contest the bill in small claims court.

I find it a little hard to believe that the landlord would sign a document that requires him to notify you before he can fix anything.

If you don't pay, it will wind up in small claims court anyway, when the landlord sues you for the money.

Answer 4

No. And they should have supplied you with a copy of the form at the time. If not you may have trouble proving your case. I would talk to a lawyer if it escalates at all.