Is a landlord allowed to charge a tenant for painting and carpet after living there for 2 years?

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Is a landlord allowed to charge a tenant for painting and carpet after living there for 2 years?

We lived in the apartment for 2 years. No damage was done to the apartment – walls were clean and was told by landlord not to shampoo carpet because carpet was being ripped out since wood floors were being put in. Now from our $500 security deposit they want to charge $150 for painting and $90 to shampoo the carpet that is going to be ripped out. I personally feel as if I’m getting scammed.

Asked on August 10, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As a general matter, a landlord may *not* charge a tenant for routine clean-up or maintenance, for painting or other work done occasioned by normal wear and tear, or for between rental paintings and carpet cleaning. The tenant is only responsible for the costs for repairs or replacements occasioned by damage the tenant, or his/her family, pets, and guests, have done. The exception would be if the lease provided that the tenant would pay for painting, carpet cleaning, etc. at the end of the tenancy; if there was such a term in the lease which you agreed to, it is legal and enforceable. Otherwise, the landlord cannot charge you for painting and carpet cleaning if you did not damage, though if they insist on trying to do this, you may wish to consider whether a lawsuit to recover the money is worth it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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