Legal Question in Landlord & Tenant Law in California

What level of cleaning is required by law to return security deposit?

In order to get our security deposit back our landlord expects us to have our carpets and curtains professionally cleaned and all grease and stains removed from our carport. These words are not in our lease agreement and we have lived in the unit 4 years. Is this fair or correct? We plan to thoroughly clean the place but the curtains, carpets and carport don't seem like our responsibility. Please advise. Thanks!

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Asked on 12/19/06, 1:25 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: What level of cleaning is required by law to return security deposit?

According to the applicable statutes, the tenant is responsible for any damage to the unit that is beyond "normal wear and tear". Like beauty, "normal wear and tear" is in the eye of the beholder. There is little guidance from the various appellate courts ih California because issues like this rarely make it past the small claims court.

What the landlord is requesting sounds excessive to me, but it might not sound excessive to others. If you can't negotiate a compromise, you best bet is small claims court.

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Answered on 12/19/06, 1:44 pm


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