Can a landlord take routine carpet cleaning charges from the secuity deposit?
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Can a landlord take routine carpet cleaning charges from the secuity deposit?
I moved out of an apartment in after living there for 2 years. All proper notice was given, and I hired a cleaning service recommended by the complex to clean after I moved out. I just received a summary of charges, and I was charged $175 for cleaning and dying of the carpet as well as “fraying”. The carpet was vacuumed and well cared for. Can they charge for routine cleaning? The fraying was around the edge near the front door as a result of just opening and closing the front door. I have no idea why they dyed the carpet, except it was kind of old and it probably looked a little newer after. Do I have any recourse to fight this charge?
Asked on June 15, 2012 under Real Estate Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A tenant is not responsible for "normal wear and tear". Wrongfully withholding a tenant's security deposit, or part of it, is legally actionable. You need to inform your former landlord that you disagree with him and that you're willing to let a judge sort it out if necessary. As part of this process they will have to provide you with an accounting of your deposit. Bottom line, stand up for yourself. Be polite but let the landlord know you'll fight him if he tries to charge you. Your chances of winning are good since most judges are tenant-friendly. Just try to bring whatever evidence you have to support your caim. However, be aware that it will in all likelihood cost you more than $175 to fight this in court. So possibly the threat of court will be enough to have your landlord offer you some type of "settlement".
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