Q: Hi, so I recently moved out from my apartment, I received my deposit back and was charged $500.
So my apartment charged us 750 for the deposit at move in. I recently moved away and received my deposit back (about $210). I was charged quite a bit for cleaning/ carpet cleaning and charged for painting. I thought that in California they are only able to charge for that if it is more than normal wear and tear. The leasing manager even told me the apartment was in great shape. Obviously it’s not a lot of money and I can let it go but I was just curious for future reference.
A:
In California, landlords are allowed to deduct from a tenant's security deposit for cleaning and repairs that go beyond normal wear and tear. However, they cannot charge for routine maintenance or repairs that are considered part of normal wear and tear.
Here are a few key points to consider:
1. Normal wear and tear: Landlords cannot charge for normal wear and tear, such as minor scuffs on walls or slight wear on carpets. However, excessive stains, holes, or damage beyond normal use can be charged to the tenant.
2. Itemized statement: Landlords must provide an itemized statement of deductions from the security deposit within 21 days of the tenant moving out.
3. Proof of damages: If the deductions seem excessive, you can request proof of the damages and the costs associated with the repairs or cleaning.
4. Useful life of paint and carpet: Landlords cannot charge for repainting or replacing carpets if they have exceeded their useful life, which is typically 2-3 years for paint and 5-7 years for carpet, depending on the quality.
If you believe that the deductions were excessive or unjustified, you can try to negotiate with your landlord or pursue the matter in small claims court. However, given the relatively small amount in question, it may not be worth the time and effort.
For future reference, it's a good idea to thoroughly document the condition of the apartment when you move in and move out, taking photos and noting any pre-existing damages to avoid disputes over the security deposit.
A:
Thank you for your question!
The landlord cannot charge you for charges related to wear and tear unless it is put in the lease agreement or the tenant causes damages.
You can for a small claim court damages take your money back.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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