I have a question regarding rental?? We were renting a house for 7 months and now the owner says.....?

Question

that the carpet on the stairs is dirty and the stains won't come out....are we responsible to replace the carpet? We are in Northern California.

I have vacated, steam cleaned the carpet, and now they want either us to replace it or withhold our deposit. And they are less than half the steps.

We had a company come out and the landlord paid and will be deducting from our deposit and there are NO TEARS on the carpet only look dirty because the carpet is a light beige color.

Answer 1

You may be held liable to replace the carpet upon vacating the premises, if the stains on the carpet are permanent. To those who claims that's what your security deposit is for, that's utter nonsense. A security deposit is nothing more than a downpayment in advance to cover any damages which may occur during the tenancy. If the security deposit is not sufficient to cover the entire costs, you are liable for any excess over the amount of the deposit.

Answer 2

Well I will tell you what I did once and it was genius.

What you do is the month before you move out do not pay the rent.

In other words lets say your deposit is $500 right? for example.
And the rent is $1000. What you would do is when you move out pay him $500 and then tell him to KEEP the other $500.

See? Now he can't keep your security deposit. I did this before and it works.

Now..if you tell him your plans he's going to harrass you all the while so keep it hush hush and then when you move out let the nice man keep the $500 and you just pay him the difference.

See..he cannot say you didn't pay the rent as you let him keep your security.

What he would have to do is go file court papers in order to get you to pay the security and I've never had anybody do that.

Also the laws are slanted in favor of the tenants. I have been a landlord and a tenant and it is tough tough tough to win the security deposit.

Just take photos and make sure the photos look as nice as can be so if he sues in small claims all you have to do is go to court and show the photos and you'll win.

The worst thing that can happen is the judge would give him a little bit and the landlord knows this...and he's not going to go through all the trouble.

My theory is this...better that you HAVE the money and he is in the position to try to get it than HE has the money and you have to get it.

Answer 3

Carpet damage is normally wear and tear, and the tenant is not responsible for it. This is true UNLESS the damage done was over and above normal wear and tear, then it would come out of the security deposit, or the landlord would need to take the tenant to court. If you think it falls under normal wear and tear, then you have the right to contest it in small claims court.

Answer 4

Every landlord has to allow for every day wear and tear. If there is serious damage, such as carpet torn by moving furniture, or pets you would be expected to pay some damages. I would offer to clean the stairs (which you should have done prior to leaving) other than that if he did not give you a written contract stipulating you would pay for wear and tear you have the law on your side.

Answer 5

first you need to document the condition of the carpet,

next if you damaged the carpet beyond use and needs to be replaced the owner may charge you the Fair Market Value of the carpet at the time they go to replace

Courts usually depreciate carpet over a seven year life span, so if the carpet is five years old they can charge you for two years value, if older the seven no, if only a year old they can charge close to full value

if they claim its new take pictures to show that it does not need to be replaced

Answer 6

Well we would need to know if your lease is up? If it is then you would probably need to replace it with the deposit you put in, if you dont want to do that then try and clean it yourself and show him. If you are still living there, he has no right to tell you to replace anything while still occupied. Make sure you read your rental agreement in regards to "normal wear and tear" if its not then most likely you will have to pay for it when you leave

Answer 7

NO. That is what a security deposit is for. If you did not give one, there should be something in the contract you signed about damage and how it will be handled. So read it and see what it says. But most likely you will have to pay to get it steam cleaned.

Answer 8

short sales take continuously. you are able to desire to look at your lease to work out what you agreed to if the owner desperate to sell the valuables. you won't have a say in whether the situation gets shown or no longer as long as they provide you honest warning. i would not challenge on the subject of the situation merchandising till now your lease is up. What i might do, is initiate finding for a sparkling place to stay and make preparations to circulate while your lease is up. And, particular, you DO ought to pay your lease to the owner till the economic enterprise somewhat forecloses or there's a sparkling proprietor. you are able to ask your landlord for shifting costs, yet my wager is, they are actually not likely to furnish any to you. And, they are actually not guaranteed to take action the two.

Answer 9

Did you take pictures of the condition of the home prior to moving out?

If you let the landlord do a walk-through without you being present, then unfortunately it is his word against yours.

The only thing you can do is sue for your deposit in court and see what happens.

Answer 10

Yes in most state you are held accountable for damages you've caused. Example ( holes in wall, broken light fixture, damaged carpet ) take a close look at your renters agreement it should specify what you are accountable for.