Can my landlord charge me for cleaningand replacing the carpet if they were illegally subletting to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord charge me for cleaningand replacing the carpet if they were illegally subletting to me?
I am moving out of my place and my landlord is trying to take $300 of my deposit to clean and replace the carpet. She says that she doesn’t want to replace it until the new tenants move out but that she wants to clean it before they move in. I also found out today that she has been illegally subletting the room to me and that property management didn’t know I was living there. What can I do to fight her on this and get my deposit back? I signed a lease with her and have a receipt for the deposit but have been paying rent in cash and do not have receipts for that.
Asked on August 31, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The lease is good. No receipts are bad. But at least you can prove that the tenancy existed. Is the amount for the security listed in the lease? California law is very specific as to what conditions must exist to allow a landlord to keep some or part of a security deposit. The term you hear everywhere is other than "normal wear and tear" of the apartment or its furnishings. The place has to be made "as clean" as when you moved in, absent normal wear and tear. A deposit can never be "non refundable" in California. There are also time limitations for return of the deposit and documentation - like receipts - that you need to be given for the work done. Visit the website for the California Department of Consumer Affairs - dca.gov - for starters and to figure out your next move, which will most likely be to sue her. Good luck.
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.