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When you move into a new place, can the landlord/ower state that a portion of the deposit be non-refudable? I thought that they could not, but what if you sign something that says a portion for carpet cleaning is?

2006-08-05 12:49:05 · 10 answers · asked by Anonymous in Politics & Government Law & Ethics

In the state of California

2006-08-05 13:00:37 · update #1

10 answers

there is no such thing as a "non-refundable" security deposit .

Within 3 weeks (21 days) after a tenant moves out, the landlord must send a tenant a full refund of the security deposit or an itemized written statement that lists reasons for and amounts of any deductions from the deposit, with a refund of any amounts not deducted.

2006-08-05 12:56:42 · answer #1 · answered by hitan_2005 3 · 18 2

The purpose of a security deposit is to cover the cost of fixing any damages you cause. Any portion that is non-refundable even if there are no damages, is not a security deposit. The landlord can charge a cleaning fee as long as it is spelled out in the lease.

2006-08-05 13:37:41 · answer #2 · answered by STEVEN F 7 · 0 0

Yes. The hole security deposit my not be refunded if the land lord chooses. In there minds it depends on how well you took care of the rental. Lets say you get a couple of stains on the carpet. The land lord may not be able to get the stains out of the carpet so he/she may decide to replace the carpet and use the deposit that you put down.

2006-08-05 13:08:53 · answer #3 · answered by jc 2 · 0 0

Yes they can. It is really incorrect to call it a "deposit" if you can't get it back, but that is a semantic problem. It should be called a nonrefundable fee or charge. There is no law that says a landlord cannot have you pay a cleaning charge up front as part of your lease.

2006-08-05 13:06:13 · answer #4 · answered by Diane D 5 · 0 0

Yes, in that case, they could subtract a fee for carpet cleaning. Any damages can be deducted, as long as they show proof and details are provided to you in a certain amount of time. This is all according to your local laws. Where I live, Chicago, there is a special Landlord Ordinance that is quite strict.

2006-08-05 12:54:34 · answer #5 · answered by marie 7 · 0 0

Your lease should spell out the terms of the security deposit. In a nutshell though, the less your apartment looks like it did when you initially moved in, the less of your security deposit you'll get back.

2006-08-05 12:53:23 · answer #6 · answered by loveblue 5 · 0 0

Yes

2006-08-05 12:52:35 · answer #7 · answered by Anonymous · 0 0

If you signed it than it's legal.
Clean the carpet yourself,take pics and than charge him for it,if he doesn't want to pay take it to small claims court along with your pics,..

2006-08-05 12:53:50 · answer #8 · answered by Vulcan 1 5 · 0 0

You enter into a contract. You don't like the contract . Which parts do you want to ammend now? Which parts can the other party ammend now?

2006-08-05 12:53:59 · answer #9 · answered by Bear Naked 6 · 0 0

well it all can if you sign and agree to what ever it says read what you sign try

2006-08-05 16:05:13 · answer #10 · answered by mike L 4 · 0 0

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