Legal Question in Real Estate Law in California

security deposit

We recently gave our landlord a 30 day move out notice. In a response letter, she informed us that she will charge $65.00 to professionally clean the apartment and $65.00 to steam clean the carpet. Are we responsible for these charges? We intend to clean the apartment and vaccum the carpet before we leave.


Asked on 7/23/02, 10:17 pm

2 Answers from Attorneys

Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: security deposit

The simple answer is no. A tenant is not responsible for normal wear and tear on the apartment, nor his the tenant responsible for the landlords expenses to refurbish the apartment to rent it to someone else. Good Luck.

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Answered on 7/26/02, 4:00 pm

Re: security deposit

The landlord is entitled to charge you for damage and dirt you caused, but not for reasonable wear and tear. What is reasonable is, of course, debatable. In part it depends on how long you lived there and what condition the place is in. If the landlord has looked over your apartment and come up with this figure, it may be reasonable. If the landlord just charges this automatically to everyone it probably is not.

The landlord must itemize in writing all deductions from your security deposit and refund any balance within three weeks after you leave. If you are not satisfied with the deduction, you may sue in small claims court for a refund.

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Answered on 7/24/02, 1:06 am


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