Legal Question in Landlord & Tenant Law in California
Security Deposit Refund
We have given our 30 days notice and our managers have said that they will automatically charge for cleaning the apartment and carpets. In our lease it says we have to pay to have it returned to the original condition. We also signed a fee page listing the cost of the apartment cleaning along with repairs for damages. We thought it was a standard ''if you don't clean the apartment this is what we'll charge you'' form, but no matter what they say they will charge us for it. Can they charge us for carpet cleaning after we've lived here for a year? Aren't all these things considered ''normal wear and tear''?
If they don't notify us two weeks before move out about doing a walk through does that mean we automatically get our deposit back because they never told us what to fix?
Thank you for your input!
1 Answer from Attorneys
Re: Security Deposit Refund
What is ordinary wear and tear is something that gets disputed all the time. What is not disputable is that you are entitled to clean the carpet yourself if you want to and can do a good job. "Automatic" deductions for carpet cleaning are not legal.
Under a new law, you are entitled to an initial inspection after you give the 30-day notice to point out things that need to be fixed. Civil Code �1950.5(f).
You have a right to be present at this inspection. If you fix the problems you are entitled to refund of your deposit. If a problem is not visible (a hole in the wall behind furniture for example) the landlord still can charge your deposit for that.
The landlord must give you copies of receipts for work totalling more than $125, and an itemized statement for work done by the landlord or its employees, within 21 days after you move; or a good faith estimate if the work isn't completed by then.
To avoid problems, remind the landlord of this law and of its obligations. Getting it done right without going to court is much easier for everyone.
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