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Help! Landlord wants to deduct carpet cleaning!

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NCLOWE

Junior Member
What is the name of your state? South Carolina
Hi, I had a question... We have lived in our rental home for 7 months & we have been transferred (military). Our landlord has just informed us that he is going to deduct $160.00 for carpet cleaning out of our deposit. We do not have any pets & there is not any damage to the carpets. I had them cleaned before we moved in & I have cleaned them as well with my own carpet cleaner. He has not even been out here to see the carpet. He just said that he always deducts carpet cleaning from deposits.Is this legal? What can we do? Thanks, Nicole
 


FarmerJ

Senior Member
This is a civil matter , If you think you can prove the LL has held back money from the deposit unfairly, you will have to go to small claims court and file suit to ask the court for it to be awarded to you. Again you will have to prove the LL acted unfairly.
 

NotSoNew

Senior Member
did they do a final walkthrough with you when you moved out and go over these items with you? if not do you have any proof of the conditions of the carpet when you left? pictures?
 

NCLOWE

Junior Member
NotSoNew said:
did they do a final walkthrough with you when you moved out and go over these items with you? if not do you have any proof of the conditions of the carpet when you left? pictures?
We are still in the house.He has not done a final walk through. He just said that is what he does (deducts carpet cleaning from renter's deposit) He will be here Sunday to get the keys.
 

FLALAW

Junior Member
Make a List

Take photos. Make a check list for the walk thru include everything you can think of. Have an unbiased witness there and if he refuses to check off the carpet then take him to small claims court.

http://www.scstatehouse.net/code/t27c040.htm



ARTICLE 3.

LANDLORD OBLIGATIONS

SECTION 27-40-410. Security deposits; prepaid rent.

(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.

(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
 
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NCLOWE

Junior Member
Is it legal to deduct carpet cleaning from a deposit. Is'nt that NORMAL WEAR AND TEAR?
There is absolutely nothing wrong with the carpet.
 

FLALAW

Junior Member
If there is nothing in your lease that states that he will deduct any money for carpet cleaning from your security deposit. Then the answer is no. If he has proof that the damage to the carpet is from you and exceeds normal wear and tear then yes he can. I posted the code for you to read. I have not read it all I just skimmed it. If he deducts money wrongfully and you have to take him to court:


(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
 

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