Can landlords legally require shampooed carpet and a fresh paint job to receive a security deposit back?

Question

I'm about to move and my landlord wants to keep some of my money for normal wear and tear, like darker carpet in major walkways like in front of the kitchen. Also, rub marks on the walls from furniture.

Answer 1

check your lease. Most times the security deposit is only for oustanding damage like if you put a hole in the wall, but if it is in your lease you may be out of luck.
You'd also have to check your local state laws....every place is different so in your area it might be illegal even if it is in the lease.

Answer 2

I think that depends on the landlord/tenant act of where you live. I once had a landlord try that on me and I had only lived in the apartment two months as it was only meant to be a temporary move while I waited for my house to be available. Anyways, I went to the Landlord/Tenant Commission and filed a complaint with them and he had to pay all of my damage deposit back and this occurred within a couple weeks of my moving out, so didn't take long. The Landlord/Tenant Act says the damage deposit is only to cover damage beyond "normal wear and tear." Cleaning of an apartment between tenants is the responsibility of the landlord as it is a normal cost of their doing business. Painting, carpet cleaning, cleaning of appliances are the responsibility of the landlord. Of course, most tenants will do reasonable cleaning such as the appliances and vacuuming of carpets and mopping of floors, but if there is carpet cleaning and painting to be done just to make the place fresh for the new tenants, that is the responsibility of the landlord. A damage deposit is only to cover damages in excess of "normal wear and tear" such as a hole in the wall, a cigarette burn in the carpet, a big stain in the carpet, etc. that weren't there when you moved in. That's all. Look into this where you live.

Answer 3

If you can't get out of it, I'd make sure you got furnished with copies of receipts, or could at least re-enter the apartment to make sure they're not just juxing you out of some money.

I've never had a refund problem before, but I've also never once had new carpet in an apartment-- and I've lived in some nice complexes.


You're right to be careful-- don't let them take you for a ride. Read your lease carefully, and consult the walk-thru you did when you moved in. If you didn't have brand new carpet then, then forget that fool.

Answer 4

Check your local or state laws. Stuff like this is always in there. In California, if the landlord does not return your security deposit in 21 days, he cannot contest how much of it he keeps. You get it all back.

Answer 5

Nope! He may be able to make you wash the carpets, but only if it is in the lease that you signed.

Find your Landlord-Tenant law in your state. You would be surprised what they are not allowed to do, but to it anyway!

Answer 6

usualy landlords do not get to keep the security deposit for normal wear and tear (its mostly for excesive damage) but you should just double check your rental agreement

personaly I don't think the carpet shampoo sounds too unreasonable but I think him asking for you to repaint the place is pushing it

Answer 7

nope - i'm a landlord - check the laws in your state, just put in landlord/tenant laws in a search. the tricky part to your question thoa, is, defining "normal wear and tear", in most cases, it comes down to the judge deciding what that means, not you or the landlord.

Answer 8

If Its in the lease and you signed it! Yes

Normal wear and tear is not usually used to keep a deposit.

Answer 9

There may be something concerning this in your lease. I know one apartment I lived in I had to get the carpets cleaned, but all the others did it themselves.

Answer 10

Is normal wear and tear defined in the rental agreement?