Can Landlord keep my deposit?

[DragonCalm]

I recently moved out of an apartment that I had lived in for 19 months. When my landlord returned my deposit, he charged me $260 for painting and $55 for carpet cleaning - almost 70% of my deposit! In all the places I have lived in, I have never had this happen! Is it legal? I am almost positive that the carpet cleaning fee is not, but I am not sure about the painting. Doesn't that come under normal wear and tear since I had been
there for over a year and a half?

Where can I find the applicable laws on this subject?

I would also like to note that I left the apartment spotless, including renting a steam cleaner for the carpets - so it should not have even been necessary for him to do that at all.

Thank you for any help you can give.

 

[Arlene]

There are state statutes that govern residential security deposits. You can read the applicable statute by going to a local law library, or try findlaw.com, or consult a local real estate lawyer. The california statute allows deductions for reasonable expenses including cleaning, but th expense of reasonable wear and tear must be born by the owner. It sounds like your cleaning efforts entitle you to a greater return. You can always contest the matter in small claims court. Some states have a statute that allows for a penalty against landlords who unreasonably withhold deposit monies.

 

[Tracey]

WHAT STATE ARE YOU IN????? We can't tell you where to find the laws if we don't know that!

This is almost certainly considered normal wear and tear, for which the landlord cannot charge you. However, most landlords don't know about this. Look up your state's residential landlord tenant act and give L a copy of the section that says he can't charge for wear and tear and request a refund of the $260. Call your local tenant's rights association and ask them for a copy of the RLTA.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.