Legal Question in Real Estate Law in California
leasing question
I have lived in my apt for 2.5 years. My landlord is planning on charging us for the entire apt to be repainted as well as the carpets cleaned out of our deposit.
Can she still do that after a certain # of years?
2 Answers from Attorneys
Re: leasing question
without more facts, I would opine: NO.
Re: leasing question
The items a landlord can deduct from a security deposit do not depend so much on the names of the items (for example, "repainting" or "carpet cleaning") as on the reason the work is necessary (for example, "tenant's children defaced pain with magic markers" or "tenant's pets or cigars left odors in carpeting").
Therefore, it doesn't help a lawyer much to answering your question if you just list what's to be done without saying WHY the work is claimed to be necessary.
The general rule is that the landlord must accept "ordinary wear and tear" and the tenant is responsible for anything beyond that. There are some practical real-world deviations and always hassles over proving the original condition, etc. but in general a tenant can be required to pay for abuses such as breakage, indelible marks or persistent pet stains and odors.
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