Legal Question in Real Estate Law in Missouri
tennants regulations for security deposits return
i need to know if a landlord can make you pay for carpet cleaning if not stated in lease? in lease it says normal wear and tear. what does that mean?
1 Answer from Attorneys
Re: tennants regulations for security deposits return
Under Massachusetts law, where I practice landlord / tenant law,
short of having had cats peeing (which seems to occur frequently)
or dogs pooping (one case I had) or something else extraordinary, you
would not have to pay for a carpet cleaning. The phrase "normal wear
and tear excluded" is in our security deposit law in the statutes
(and it may be in your state's statutory security deposit law) and in
practice in our courts doesn't allow landlords to deduct for the
carpet cleaning. Also, in our wonderful state, if a landlord pulls a
stunt like that and doesn't return the deposit 30 days after you've
left, we get to sue for triple damages (3 times the amount not refunded)
PLUS (the part that IIIIII like!) attorney's fees and it's the closest
thing to a rubber stamp; courts order payment of it without a second
thought. Landlords are responsible to know the law and to behave well
and this is a consumer protection device. Especially where someone is
moving out and possibly leaving the area, it becomes hard for them to fight
a landlord and the temptation to the landlords is to keep the money. That's
why it is so strictly enforced. Some landlords figure the
tenants have moved away, can't fight it, won't fight it (timid women!),
don't even know what the law is,
etc., and figure it's worth a shot for them to attempt to rip off the ex-tenant.
Send me my usual percentage fee when you get your money back, will ya?
Seriously, though, you OUGHT to check Missouri laws since they might be different on
this point and shouldn't take my information as advice because I could be wrong and ...
probably am ... in Missouri!
Are you in St. Louis?