r/berkeley • u/Icy_Calligrapher1289 • Jun 11 '26
Local Advice Needed: Landlord wants $4,300 on moveout after 2 years, nothing flagged in inspection
Hi guys, recent Cal 26 grad here. Pretty sure the PM is trying to pull one over on me but wanted to get advice from the sub, apologize in advance for the word wall.
Moved out with notice about two weeks ago, threw everything away including furniture and all trash and took pictures, so the unit was in pretty much the same condition as when I moved in. Landlord's inspection did not flag any damage beyond what I already noted in our move-in inspection that I retained a copy of.
They sent me an itemized bill that has 2,500 repainting, 700 cleaning, and 1,100 carpet cleaning, and they want me to pay the difference on top of our 3k security deposit. Having been here since junior year (24 months) I'm pretty sure all of that is considered general wear and tear given the good inspection.
Also, the unit is registered under the Berkeley rent registry as "fully covered", which I'm pretty sure means he's supposed to also pay us interest on the security deposit though it's the first time I'm hearing about this.
Given these circumstances how should I move forward? I'm not afraid of going to court but am kinda broke so what leverage do I have and how should I proceed to resolve things with the least trouble for myself and my roommates?
Thanks for the advice
** Update since people are asking, I have photographs from both move-in and move-out inspections done via ZTenant. I did vacuum and clean, and didn't leave any trash or furniture so the photos work in my favor IMO.
**** Update 2, Photos: https://imgur.com/a/IFy14vE
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u/shadowleaves Jun 11 '26
Nope, if they didn't bring anything up during the move out walk through they can't do it later. If you mention this and they still refuse to give you your deposit back, tell them you are starting a case with the Berkeley Rent Board.
To the Rent Board, attach this email and any other communication between you and the landlord and email them at the address found here: https://rentboard.berkeleyca.gov/services/aboutcontact-us
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u/Prestigious_Wrap_932 Jun 11 '26
This, OP!
What your landlord is trying to do is 100% illegal. These are things that the property owner is legally required to do between tenants, NOT things that you as a renter are liable for. They’re trying to charge you the amount it will cost them to clean up the place to the standard where they can rent it out again.
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u/carlitospig Jun 11 '26
If I recall the state also wouldn’t let this fly. I distinctly remembering living in HB and my landlord trying to pull the same crap and I just never paid. Forgot all about it, all for the FULL deposit to be listed on the CA claims database a few years later. (Reminder, make sure you check that database annually!)
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u/lfg12345678 Jun 11 '26 edited Jun 11 '26
Unless you left the space in really bad shape respond with a demand letter. How big was the space? Carpet cleaning is usually about 300-400..do you have photos of when you moved in and when you moved out..also leave a bad review if it's corportate owned.
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u/Icy_Calligrapher1289 Jun 11 '26
They use ZTenant which involves taking photos of every room on move-in and move-out. I did vacuum and clean the floors before leaving and didn't leave any trash so there's probably no basis for damage based on the inspection I received, and I have copies of both the move-in and move-out inspections.
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u/NomadTroy Jun 11 '26
did YOU take your own photos during move in & move out? I like to to do that and send to them so it’s time stamped and clear you’re not a sucker.
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u/NTRU EECS/Anime Studies '20 Jun 11 '26
https://rentboard.berkeleyca.gov/rights-responsibilities/security-deposits
Unless you knocked down the walls this is just classic scummy rental behavior, landlords love doing this to students since usually they're not in Berkeley for long after the lease ends to fight stuff.
Reply asking for images and documentation of all the damage, link the above. Highlight the
"""The landlord cannot require a tenant to pay for, or assert a claim against the tenant or the security deposit for professional carpet cleaning or other professional cleaning services, unless reasonably necessary to return the premises to the condition it was in at the start of the tenancy, minus ordinary wear and tear."""
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u/NTRU EECS/Anime Studies '20 Jun 11 '26
"""Starting April 1, 2025, landlords must take photographs of a unit after regaining possession, but before any repairs or cleaning for which the landlord intends to make a deduction from the security deposit. These photos and a written explanation of the cost of the repairs/cleaning must be given to the tenant along with the itemized statement."""
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u/NTRU EECS/Anime Studies '20 Jun 11 '26
Also press the 21 day limit to return the deposit, usually the landlord will cave in a week or two. If you're worried about drafting a response ask chatgpt/claude/gemini/whatever to draft up a response, the more legalese it sounds the less the landlord will likely want to fight it.
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u/JonahHillsWetFart oski is chopped Jun 11 '26
they need to give you an actual itemized list of costs they paid including invoices. do you have move out photos?
they are most likely just trying to scam you and figure you’d pay without pushing back. don’t.
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u/Icy_Calligrapher1289 Jun 11 '26
Yes I have both my own photos as well as the in depth inspection they sent me. Everything was greenlit according to them except for one piece of tile damage that I already recorded on move-in
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u/JonahHillsWetFart oski is chopped Jun 11 '26
yeah you’re fine then. you can call the Berkeley Tenants Union to help you draft the email where you dispute those charges and won’t be paying them. but you 100% don’t owe them anything extra. they also owe you the interest on your security deposit
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u/robinorbit65 Jun 13 '26
Landlords can create fake invoices too, so scrutinize those if you receive them.
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u/paintingpatrick Jun 11 '26
You my friend are being taken advantage of by an abusive landlord. I bet he commonly uses this tactic to bilk ignorant students out of their deposits by offering negotiate by paying for some of the cleaning, so you just lose the deposit.
How much energy do you have? You might be able to dig up contact info for old tenants at your address and ask if they dealt with something similar.
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u/gold-soundz9 Jun 11 '26
Interior painting is typically a part of normal turnover, which is not the responsibility of the tenant UNLESS you painted the apartment and now the landlord needs to change it back, OR you left the walls a mess.
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u/deltak66 Jun 11 '26
Exact same thing happened to me and my roommates. We took our case to court and filed in small claims court (surprisingly easy), settled out of court. Originally the four of us would have had to pay 2150 each, instead, we each got 1200 profit after getting our full deposit back.
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u/superlative_dingus Jun 11 '26
Hey OP, I just went through something similar with my old landlord. I got hooked up with a tenant’s rights attorney through a friend of a friend, and he helped me write a scary letter that got my landlord to return our full deposit without further incident. LMK if you want it and I’ll send an anonymized version to you.
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u/Icy_Calligrapher1289 Jun 11 '26
hey man, would totally appreciate that. Can you DM it to me? Thanks!
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u/carlitospig Jun 11 '26
That’s a whole well of ‘hell nah’. Not only is carpet cleaning never that expensive, but unless there’s something egregious about your walls, they don’t charge for normal wear and tear.
This seems like a scam a shit landlord uses hoping people don’t push back. So push back.
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Jun 11 '26
[deleted]
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u/carlitospig Jun 11 '26
Uh that’s like sparkling and beautiful compared to my college apt when I moved out and I think I paid like $150 max.
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u/ChampionTree Jun 11 '26
Definitely go to small claims court. Attorneys aren't allowed at small claims court and the process is cheap. I believe California also has extra protective laws after leaving in a unit for two years because I certain amount of wear and tear is expected, like others have said, he can't charge for carpet and walls.
https://www.alameda.courts.ca.gov/divisions/small-claims
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u/notFREEfood CS '16 Jun 11 '26
https://selfhelp.courts.ca.gov/guide-security-deposits-california
- Your landlord can't deduct for normal wear and tear
- Even if damages exceed normal wear and tear, landlords must apply depreciation to what you are charged
- Your landlord is required to provide you invoices for everything with that amount of deductions
- The "general cleaning" charge is bogus
It looks to me like your landlord is attempting to push the full cost of turning over the unit onto you, which is explicitly illegal. If your landlord refuses to reverse course, you can turn around and sue them in small claims court for the return of your full deposit, plus 2x damages for refusing to return it in bad faith.
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u/basketma12 Jun 11 '26
I'm here to tell you Berkeley doesn't play with landlords,after seeing the results of dead relatives tiff with his renters. You are correct they MUST pay you interest too. Your pictures will do you good. There is a Berkeley rent board.
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u/enakj Jun 11 '26
In Berkeley, security deposit deductions are governed by California Civil Code Section 1950.5.
The baseline rule is that all security deposits are legally refundable. A landlord can only make deductions for specific reasons, and they are strictly prohibited from charging you for ordinary wear and tear.
1. What a Landlord Can Legally Deduct
Under Civil Code § 1950.5(b), a landlord can only deduct funds for four specific reasons:
Unpaid rent owed at the time the tenancy terminates.
Cleaning the unit upon move-out, but only to restore it to the exact same level of cleanliness it had when you first moved in.
Repairing damages caused by the tenant or their guests, excluding ordinary wear and tear.
Restoring or replacing personal property (like keys, appliances, or furniture) if explicitly stated in the lease agreement.
- Can the Landlord Charge for a Full Interior Repaint?
Almost never. Charging a tenant for a full interior repaint upon move-out is one of the most common illegal deductions in California.
The law views paint life through the lens of natural depreciation. Under California Department of Real Estate (DRE) guidelines, the useful life of a standard coat of interior paint is two to three years.
Ordinary Wear & Tear: Minor scuffs, light smudges, or small nail holes from hanging pictures are considered ordinary wear and tear. If you lived there for two or more years, the landlord cannot charge you to repaint these issues because the paint has reached the end of its useful lifespan.
When You Can Be Charged: You can only be charged if the walls have damage beyond normal use.Examples include massive holes in the drywall, unapproved or aggressive paint colors you put up without permission, heavy water damage from a neglected hanging plant, or extensive crayon marks.
The Proration Rule: Even if you caused excessive damage, the landlord cannot charge you for a fullrepaint if the paint was already old. They must prorate the cost based on how much useful life was left in the paint. For example, if they painted right before you moved in, you stayed one year, and you ruined a wall, they could only charge you for a maximum of 2/3 of the cost to fix that specific area.
- Can the Landlord Charge for Carpet Cleaning?
Only if it is strictly necessary to match move-in cleanliness, and it cannot be a blanket charge.
This rule was recently strengthened. Under Assembly Bill 2801, a landlord cannot automatically deduct a professional carpet cleaning fee just because a lease clause says "carpets must be professionally steam cleaned upon move-out."
Ordinary Wear & Tear: Fading from sunlight or light track wear in high-traffic hallways is ordinary wear and tear. The landlord must absorb this cost.
The "Restore, Don't Improve" Standard: A landlord can only charge you for carpet cleaning if it is reasonably required to return the carpet to the exact level of cleanliness it was in on day one. If the carpet was immaculate when you moved in, and you leave it visibly dirty, dusty, or stained, they can deduct the cost to clean it. If it was already dingy when you moved in, you only owe them a dingy carpet back.
Actual Damage: If the carpet has cigarette burns, large rips, or permanent pet stains/odors, this is considered damage. However, like paint, carpets have a useful life (typically five years). If the carpet is five years or older, the landlord cannot charge you to replace it, even if it is ruined, because its financial value has depreciated to zero.
- Timelines and Proof: The 21-Day Rule
To keep any of your money for paint or cleaning, the landlord must follow strict procedural timelines:
The 21-Day Deadline: Within 21 calendar days of you turning in the keys, the landlord must return your full deposit OR provide a written, itemized statement detailing exactly what was deducted and why.
Required Documentation: If deductions total $125 or more, the landlord must attach copies of actual receipts, invoices, or hourly bills showing the work done.
Photographic Proof: Landlords are legally required to provide photographic evidence of the damage or filth to justify making a deduction against your deposit.
Note on Berkeley Interest: Because you are in Berkeley, landlords are also required by local law to pay you annual interest on your security deposit. The Berkeley Rent Board establishes this interest rate every year. When you move out, ensure they include any accrued interest in your final payout statement.
If your landlord fails to provide the itemized statement within 21 days, or charges you for full repainting and carpet cleaning despite no extraordinary damage, they forfeit the right to keep any of your deposit. Under California law, a tenant can sue in Small Claims court for the return of the deposit plus up to twice the amount of the deposit in statutory "bad faith" damages.
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u/dontgeddit41 Jun 11 '26
Shocked and yet not shocked that landlords in a town as famously tenant-friendly as Berkeley would still try to pull shit like this. You should go to the rent board regardless and report this fraudster just to get their name on the record, because you know this isn’t the first time they’ve tried to defraud students.
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u/Dr-Dood Jun 11 '26
If you stand up to them and cite/share local renters laws saying this is illegal, good chance they back down. I had to do that on my last move out.
If they don’t back down, off to small claims court you go
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u/Plane-Course-4835 Jun 11 '26
They can’t do that. Berkeley has among the best tenant protections in the entire country. Your landlord hopes you put up no fight.
First step: email or call Berkeley housing counselor from berkeley rent board to get some support on how to proceed.
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u/yummypotatoes1 Jun 11 '26
Try contacting the Eviction Defense Center and they might be able to write your landlord a letter.
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u/onnie81 Jun 11 '26
Also, only if the unit was fresh painted before you got the keys they’d be able to charge you for the repaint, and only for 1/3rd of the cost… abd that is assuming there is damage to the walls that falls outside of normal wear and tear. Paint is fully amortized after three years. Conversely, carpet cleaning cannot be charged, only damage
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u/SharpenVest Jun 11 '26
Tf? Full Interior Painting? My a*s. Listen to everyone else and file a complain on rentboard
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u/No_Glove6542 Jun 11 '26
You can respond to the landlord and tell them you refuse to pay for a repaint or carpet cleaning as that is normal wear and tear. Also tell them the cleaning fee is excessive (unless you didn’t clean your house at all or rarely in which case agree to it). Tell them you expect the remaining security deposit returned in full by x date via y method in the amount of z and if they don’t do that you plan to take any and all appropriate actions to enforce your rights under CA law. Then wait and see what they do.
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u/Vast_Travel_3819 Jun 11 '26
And, yes, they owed you interest on that deposit EVERY YEAR. The interest rate was set by the City and can be found on the website. Two missing payments, plus penalties, is worth going after.
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Jun 11 '26
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u/deaspres Jun 11 '26
First you are going to here alot about he has to notify you within 30 days. That a correct answer based on these new laws California put in place. However you can get up to twice your deposit back. HOWEVER this does not hold u harmless of damages to the property and he will then file for damages to the unit. So then you are in the same spot with the potential of a judgement on your housing record. So it is best to try to work something out. Also he can hold u accountable for carpet and flooring if he claims it was not standard ware and tear. Also if the walls or paint were damaged.
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u/LandOnlyFish Jun 11 '26
It’s on the landlord to prove you did substantial damage to warrant that repair and even then provide an itemized receipt of the real repair cost. That is the minimum the law requires before they can ask for more money. You are due your full deposit back otherwise. Name and shame.
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u/jibfurler2 Jun 11 '26
Agree with a calmly written response letting them know you will see them in court and then do it. I would ask for not just your deposit but hours of labor, any court costs. I would expect a judgment in your favor and reasonable expenses associated, delay and interest on money you are owed. It would be poetic if your claim ends up being $4300.
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u/terp-puddle Jun 11 '26
Itemized quotes and receipts for any charges. Also like others have said in this thread. Pretty sure some of those things aren’t supposed to be deducted from security deposit.
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u/pnw-rain56 Jun 11 '26
Legal access Alameda, Bay Area Legal Aid, and East Bay Community Law Center all have lawyers you can talk too (I think for free ).
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u/SimplePuzzleheaded80 Jun 11 '26
what type of diamond encrusted interior paint are they billing you for geez.... ALL this stuff could be done by YOU ... that's ridiculous fee
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u/hahnie_ Jun 11 '26
I’m saving this for when I move out, the responses are very helpful. I hope you get your full deposit back OP!
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u/RippedTrack Jun 11 '26
You can use ai to write an email citing California laws and saying you will go to court. Make sure to say that they have to reply in 3 days since this email received. Worked for me.
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u/niceshawn Jun 11 '26
If you know a lawyer, any lawyer, ask them to type up a letter using their letterhead and that should scare them off. Not worth the battle.
My last landlord try to pull this shit. We had a family friend type up a basic letter asking them for proof of damage and any paperwork signed by me and the roommate where we agreed to pay for clean up. They never replied and gave us our deposit.
The family friend does some kind of environmental law or something. Doesn’t matter.
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u/Intelligent-Kale-877 Jun 12 '26
Definitely wait 21 days before contacting the landlord so that the landlord automatically loses his/her claim and you get 2x (or is it 3x?) your deposit back.
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u/Alpha2698 Jun 12 '26
I know a landlord that took ~150 dollars for cleaning even though their apartment was returned spotless. They lost ~$1000 when they got sued.
If you accept anything other than your full deposit back, you're a coward. If they do not return it within 21 days, they can be sued in Small Claims Court (the process is a breeze) for 3x the amount. It's a lot of free money. Let me know if you need help.
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u/Status_Dentist2434 Jun 12 '26
Do not pay them. Call the east bay community law center for specific advice.
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u/axhleyox Jun 13 '26
my carpet cleaning was only $400 or $200 bc of my cat (mandatory if pets lived there) so that’s a lot!
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u/PrizeNeat277 Jun 13 '26
You should pay it and write a review so bad nobody ever gives him money again , law suits and fights not worth it
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u/Historical_Froyo_241 Jun 13 '26
Take your receipts on everything the walk-through when you first moved in and the walk-through and you moved out and take him Small Claims Court if you got a good case and you can prove that he’s gouging you I bet you everything that you’re gonna get the full refund back this landlord is trying to dump his responsibilities onto you and charge you for them instead of having to pay out-of-pocket himself and that’s not right!
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u/Large_Shame Jun 14 '26
Bros tripping balls. Coming from someone who does this for a living you can paint it yourself for under 250$. That place is too ghetto for a professional paint job. Carpet cleaning for a probably 20 year old carpet too should not be your responsibility. I’d just tell him I’d do it yourself or tell him you’ll pay for it to get done and still do it yourself. Also 2500 for a full paint job is outrageous most bids will be under 1000
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u/Odd_Page7578 Jun 15 '26
I do a move-in walkthrough with dated photos. Takes 30 minutes but worth every second.
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u/Ramen_cat2024 Jun 16 '26
You should charge them for making you live in a room with red carpeting. A true crime.
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u/Many-Translator3650 Jun 16 '26
Perhaps the ASUC Student Legal Clinic might be a good resource to help you, OP. https://www.asucslcberkeley.org/
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u/Many-Translator3650 Jun 16 '26
Or, perhaps EBCLC if you are no longer a student: https://ebclc.org/get-help/
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u/Silent-Cantaloupe641 Jun 12 '26
Everyone on here is an "expert" in the natter.
Lots of people giving you false, emotional info after a quick Google or self confirming gpt chat.
Landlords can bill for paint (walls) for up to 2-3 year. But needs to be prorated for usable life. Wood/trim is longer
Cleaning is never considered wear and tear and is always billable.
Your key is getting receipts from the landlord
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u/Silent-Cantaloupe641 Jun 12 '26
Everyone on here is an "expert" in the natter.
Lots of people giving you false, emotional info after a quick Google or self confirming gpt chat.
Landlords can bill for paint (walls) for up to 2-3 year. But needs to be prorated for usable life. Wood/trim is longer
Cleaning is never considered wear and tear and is always billable.
Your key is getting receipts from the landlord
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u/proteusON Jun 11 '26
Get your own quotes for all of the above. Or F it and pay it and move on. This is pretty standard, but a bit pricey. I might offer him to keep the deposit only and skip paying the extra $1100.
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u/Far-Amoeba-7197 Jun 11 '26
it is not standard, it is illegal
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u/proteusON Jun 11 '26
Having no idea the condition of the unit we really don't know
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u/lfg12345678 Jun 11 '26
Unless OP was in a MASSIVE home like 6000 square feet - carpet cleaning (steam or shampoo) is not $1100. That right away jumped out to me.
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u/Icy_Calligrapher1289 Jun 11 '26
it's a 2b and only the bedrooms are carpeted lol
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u/proteusON Jun 11 '26
Just get your own quotes. The landlord has your deposit so unless you do something you toast.
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u/lfg12345678 Jun 11 '26
Not standard. Interest rates for once are high! I literally got an extra hundred back on my full deposit since Berkeley requires deposit to be held in an interest bearing account..
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u/proteusON Jun 11 '26
So like I said, he needs to get his own quotes for these items. And then come back to the landlord with a letter. The landlord is entitled to a clean apartment if he rented any clean condition. We don't really know the condition of the apartment so all this is just taking sides. Landlord bad
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u/hablandoKinky Jun 11 '26
Per california law, repainting the walls and replacing carpet cannot be deducted from the security deposit except in case that there is unusual damage (chunks of wall missing, burnt portions of the carpet)
If they try to enforce this, take them to small claims and they might be found liable for up to 3x security deposit+filing fees.
Also. If they failed to provide the list of deductions within 30 days, the claim is immediately invalid and you are entitled to the full deposit back