Security deposit: "normal wear and tear"?

Question

Landlord wants to charge us for shampooing the carpet, and for patching holes in the walls where we hung pictures and shelves.

The reason for the shampoo: a "stain" (I have yet to find) and it "smells like dog" - though we had full permission to have our dog there. I want to add that my husband and I are both very anal about keeping things clean, including the condo and the dog ... and they are the first people EVER that have said anything about a "smell"

As for the holes from pictures, we had actually been working on filling them. But they had told us at the beginning of the lease to go ahead and hang whatever we wanted

But do these fall under normal wear and tear?? They tried to tell us since it was "brand new carpet" when we moved in, that we need to pay for the shampooing? And nail holes?? It's not like we threw a hammer through the wall ...

Answer 1

"Normal Wear and Tear" standards vary by Manager and Management Company. Look carefully at your lease. Some leases say no nail holes, although the agent told you you could hang pictures does not mean according to the lease you can hang pictures. As for the carpet cleaning, if it was brand new carpet request a copy of the order from when the carpet was installed and then request copies of the cleaning bill along with pictures of the stains. they cannot charge you for more than they paid to have it cleaned.
bottom line, read your lease carefully and request proof.

Answer 2

Normal wear and tear normally extends to the lifespan of a particular item of the house. For instance, with a carpet, you would normally expect a carpet to last 5-10 years, but over that time the carpet would slowly become more worn. You would not be responsible for the general wear from use or traffic, but you would be responsible for leaving it clean, including free from stains, damage from the pet or from cigarette burns, etc.

As far as walls, the paint would normally have 2-5 years of life. Overtime it would wear, lose it's gloss, etc. You would be responsible to keep it clean, and if you put nail holes in the wall, normally you are responsible for patching and spot painting those areas.

As far as the cleaning and the "smell", most leases when allowing for pets have a clause requiring the tenent to pay for shampooing and cleaning of a home after leaving. Of course, there are variations in leases. I'd read yours carefully to see exactly what it says.

You should also have completed a move in checklist, which should list everything that was in the property when you moved in, plus if there were any stains or damages you were inheriting. If you didn't, you should always insist on completing one in the future. Many don't want to bother when you are busy moving in, but doing an accurate one will save you money when you move out.

Answer 3

Normally things like a few picture hook holes and the carpet are considered normal and should no be stuck against your deposit. You should look carefulle at your lease and see exactly what it says. Another thing to consider is the length of time that you lived there. If you were there for less than a year then it possibly be a repair charge, more than a year and it should be wear and tear.
There should have been a walk through at the beginning and the end of the lease. This is to show you the take over condition. The unit is expected back in the same condition, minus the normal W&T. The walk through at the end of the lease should be to point oit things that fall in the repair catagory. If this was done you should be in a position to get all your monet back, even if you have to go arbitration or the small claims court.pp

Answer 4

"Normal wear and tear" includes some dirt or fading on the carpet, or worn patches on the carpet or flooring. nail holes are a bit more ambiguous - I'd say if you can paint over the hole and it disappears, that's fine, but if you actually need to fill it in, then yeah, he could charge you for the materials and time it takes to fix that.

Discuss options with him - it may be cheaper for you to make the repairs yourself than for him to pay his maintenance guys to fix it. But unfortunately you'll probably have to go with his assessment of the "damages" and "smell". Have him point out the stain to you.

Answer 5

to many honest people get screwed this way, as you did and you let it go. to many landlords are slumlords just tryin to soak a extra buck out of tenants. thing is normal wear and tear isnt clearly written in any law book, and more wear and tear of course is considered acceptable of course for someone who may have lived somewhere 10 years rather than 1 year. i recommend to anyone- take photos when you move in- and when you leave. get good photos of any existing problems, and areas that may be worn or damaged by yourself, and have the date stamps put on your photos. Get everything in writing and keep all of your receipts ! if there are any carpets stains - try to remove them before leaving- cause the landlord can charge you a hefty fee for carpet cleaning if excessive spots, wipe walls down and scrub any stains/splatters just to leave the place as presentable as you can. If you take the time to leave presentable- the landlord will be a little happier. If your security deposit is kept and you dont agree with it - take it to court, every situation is different so theres no telling the outcome- but if ya dont agree- its worth the 30 bucks for your day in court.

Answer 6

I would bill you for the holes for shelving. Shelves are usually additions and supposed to be left because of the damage it causes when they are removed. The walls had to be patched. Pictures are "normal" as is shampooing the carpet.

Stains are damage, as is "dog smell". You would not notice the smell, you are used to it. Your friends may not tell you. Unless your dog does not shed (poodles do not) there is a smell in your house that other people will smell.

Answer 7

Seems subjective and arbitrary.