Security Deposits - Normal Wear and Tear?

Question

A couple of years ago I had an apt in California. A few months before the 12 month lease was coming to an end, I planned to move. Scouted for a new place, found one, made standard preparations. The 1st problem occurred when I was told that the lease was supposed to end a month early. I argued it, but apparently it was a 'typographical error' and they'd already found new tenants, so I couldn't stay the last month.

Second problem. I paid $650 for a security deposit. Now, I don't smoke, have no pets, and was rarely at home. I had no guests, parties, etc, and I meticulously cleaned up the apt before I left. But after I moved I got a letter saying that they were withholding the deposit because they were going to have to repaint and put in new carpet.

There was no damage to the carpet. As to the paint, there was a single, half-inch long scuff, by a chair that had brushed against the wall.

Isn't painting and carpet normal wear-and-tear? Was it really within their right to hold my deposit?

I'm not really looking to do anything about the situation now, as it occurred last year. At this point I am just curious as to whether it was their right or not, and if there was anything I could have done, or anything I could do in the future if such a situation arises again. It seems that if withholding security deposits is based on such arbitrary reasoning, that renters should just always expect to lose that money, regardless.

And, re: the paint and carpet - there was absolutely no way the carpet could have possibly needed replacing. It was like new. As to the paint, while there was really nothing wrong with it aside from one scuff, I thought it was common that landlords or complexes always repaint between tenants anyway. Am I wrong there?

Answer 1

this practice is not uncommon and is not legal.

Make sure the contract details what the security deposit can be withheld for and that it is not normal wear and tear before u sign. Don't buy the "oh, this is a standard contract everyone signs and we can't change it" BS. If it is not clear, tell them to make it clear or walk.

Take detail pictures after everything is out and make sure they are witnessed with a couple of people.
Challenge it as soon as u are informed and request documentation of the "damage". Do not divulge that u have pictures or witnesses.

Make the comparison and then send them the rebuttal documents and witness information with a firm statement regarding your position. If they persist u have enough proof to file a small claims action.

Normal wear and tear is not to be treated as damage.

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

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 4

They are required to clean the apartment and shampoo the carpet before any new tenants move in. Yes the scar is normal wear and tear. Contact the apartment renters council in your area as well as the BBB. A lot of apartments try this and most get away with it until someone calls tham on it. Good Luck

Answer 5

I'm not an expert, but I think you're right. Just my lay-opinion. I thought they always repaint between tenants anyway; and you're lucky if they at least shampoo the carpets. I thought that was just a courtesy for the new tenant. Too bad you can't go after your $650. That stinks. Good luck.

Answer 6

l smell BULL shiiit...yes its normal wear and tear all tenants have to repaint and put in new carpet. i feel all landlords could just say o well this is wrong or this is wrong and just keep the security deposit..my old landlord is just plan proof of that i no 4 people that moved out not including me and never got there deposit back..and my place looked like it did when i first lived there..