Legal Question in Landlord & Tenant Law in California
Security Deposit
Tenant moved into a very clean,painted, new carpet apt.They were charged $1100.00 Dlrs security deposit.They lived there 3 yrs.At pre move out inspection they cancelled appt,and the 2nd appt no one was @ home when I went.Tenants finally moved out and they left without a final walk thru and mailed the keys to me.I mgr took pictures of apt as well as tenants.
The apt was left very dirty,stains on carpet and locks that were changed in a bedroom & front door,we charged them for carpet cleaning,apt cleaning and the locks,Tenants wants all of his money back claims is normal wear and tear. we charged them a total of $ 475.00 for all.
He wants to take us to small claims for all of his deposit back
Thank You
1 Answer from Attorneys
Re: Security Deposit
Just because the Tenant says it's normal wear and tear doesn't mean that it is. The character of the carpet stains, ability to have them removed, etc., would dictate whether the carpet is damaged or just worn. Same with the painting. You can't charge to paint the apt unless there was damage to the walls that required painting. But you can charge to clean the apt. and return the inside locks to their former key if the tenants left it in poor condition and tampered with the bedroom locks. And $475 seems like a reasonable charge for cleaning. Good luck.
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