Q: Can we refuse to pay a deposit if the home was dirty and had mouse nests when we moved in?
When we moved into the house were currently renting, the owner had not completely moved out by the date he was supposed to, and we had to clean up his things (which included mice feces, mice nests, sex toys, and garbage) in order to start moving in. My landlords said at the time that we would not have to pay the deposit due to the circumstances, but now about six months later they are asking for a deposit. The lease says that the house will be cleaned and the carpets specifically since they were filthy when we saw the house prior to moving in and they did not clean them, judging by the mice feces and dark brown stains everywhere. But they believe that since they have repaired the more important things like the water heater and installing fire alarms (the owner took them when he left), that we need to pay the deposit because it makes them look bad to their other properties. Should I just pay it?
A: Generally, both sides have a right to insist on compliance with the written lease terms though if the landlord has accepted 3 or more monthly rent payments with knowledge of a tenant's non-compliance with a lease term, they have generally waived any right to enforce that term.
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