My ex landlord is charging me pro-rated costs to replace the entire carpet. While I don't think the carpet needs to be replaced, they said they couldn't get all the carpet installed before the new tenant moved in that they will replace the carpet upon the exit of the new tenant, whenever that may be. Can the legally do that? They've sent me receipts for the carpet cleaning have deducted the pro-rated amount to replace all the carpet. FYI I moved out the end of June, they sent me estimates the end of July now in January they've just sent me the invoices, I asked, for the work they completed, the new tenant moved in-in August.
I would be fighting this issue, especially since they charged you for carpet cleaning.
They can't charge you for cleaning the carpet and also for replacing the carpet. If the landlord fails to replace the carpet I would sue him for the full amount that he deducted for the replacement. If he didn't replace it he can't charge for replacing it. It should not take more than a day to replace all the carpet in a normal sized apartment. Him telling you that he didn't have the time to replace all the carpet is total bull crap. In California the landlord is required to provide you your security deposit returned or a statement within 21 days after you surrender possession itemizing the reasons he is not returning any part of your deposit and the itemized cost. Also in California the landlord is required by law to give a tenant the opportunity to have a move-out inspection prior to vacating the premises. If he failed to ask you if you wanted an inspection you could be entitled to your entire security deposit to be returned to you.
Usually they have time frame within which they have to bill you.
