Legal Question in Real Estate Law in California

My boyfriend and I have been living in our apartment for a little more then five years. Our land lord is now telling us that they will be taking a fee from our security deposit to clean the carpet. We have no stains no holes nothing! the carpet is still clean and only normal wear and tear. I have two small pets though, a dog and a cat and I keep hearing that's why they can charge. Is this true? Thanks in advance!

Asked on 3/03/10, 6:51 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Since the security deposit is a fixed sum of money held in trust by the landlord to be applied to physical damages and unpaid rent, the landlord can not deduct anything from your security deposit. The terms of your contract of rental can not be changed without mutual consent or at the end of the term of the lease [30 days notice if you are on a month-to-month tenancy]. Cleaning the carpets once within a 5 year period of time is just part of normal maintenance and ther should be no charge to you. Once the lease has ended, assuming you are not in a rental control city, the landlord can ask for a higher rent because of the animals or whatever reason [or no reason] he wants.

Answered on 3/08/10, 7:24 am

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