Can a landlord take my security deposit due to old carpet?

Question

My landlord never did a move in walk through checklist. I have lived here for over 3 years and ever since I gave my notice he says if the carpet (that was installed in 1988-he said so himself) according to him isn't cleaned after a professional cleaning, he will charge me to pay for carpet replacement. I have never even spilled water and the stains have come up over time! Does he have a leg to stand on if I get the carpets cleaned and there was no "move-in checklist?"

Answer 1

www.dca.ca.gov  take pictures of the carpet right now.  and make a note stating he said the carpet was installed in 1988 he cant charge you for anything he should be thankfull the carpet lasted 20 yrs.  make sure to take plenty of pictures of the entire inside and outside of the place one you have all your items moved out.  if your in CA he has 21 days from the date you hand over your keys to get you your deposit back or a partial refund with itemized list along with receipts.  Keep in mind since you have been in the place for over 2 years they cant charge you for paint either again thats for CA.

Answer 2

by your description, no he doesn't have a leg to stand on.  

get it cleaned, keep the receipt, and have a friend (preferably one the age of the landlord) with you when you take a final walk-through with the landlord.  no intimidation here, just a fresh set of eyes as witness and to stand with you when judge judy rips your landlord a new corn hole.

the landlord likely had the same story for the previous tenant. hmmm...i wonder how many previous tenants paid for new carpet since 1988.

.

Answer 3

If you have a reciept from the carpet cleaners he cant do anything, my land lord tried the same with me, i had a reciept to say it was cleaned, he took me to court and lost. So you should be fine.

If your through a real estate agent talk to them about it and see what they say, otherwise go to some sort of rent tribunal, im not sure exactly who.

Answer 4

Just clean the carpets keep all receipts and leave it at that. Take pictures of all the carpet. Just in case he is crazy enough to go in after you leave and do damage to it. He can't possibly think a judge is going to have you replace a 20 year old carpet when it needed replacing when you moved in. I have never heard of any carpet having a warrantied life span of over 7 to 8 years of normal wear and tear. FROM NOW ON get a move in check list if the owner won't walk thru with you then have a friend do it with you and you both sign it. Make sure to take pics of all questionable and damaged areas. A picture is priceless with these matters.

Answer 5

He can't charge you for new carpet, only to clean the old carpet. Get it cleaned and furnish the paid invoice to him before you leave. Take pictures of the premises when it is emptied of personal belongings, to prove you are leaving it in good condition. Ask the landlord to meet you at the property and sign off on the condition BEFORE you give over the keys.

Some people stop paying the lease and use the security deposit for the last month's rent just to protect themselves from a greedy landlord. You can be sure your lease does not legally permit this--but it happens all the time.

Since he is already pressuring you, consider calling a tenant advocacy organization in your state and see if someone can work with you to help make your exit less stressful. good luck.

ps- he doesn't owe you a "move in checklist". It is up to you to advise the landlord of any repairs that need to be made, or any problems like stained carpeting, at the time you took possession-- and that was 3 years ago.

Answer 6

The fact that you have no move in check list is against you as you have no record of you both agreeitng what state the capret was in at the time. You can not be charged for wear and tear but dagame you may be and it could be hard to prove you did not cause it unless you have a report or photos etc showing it was there when you moved in.

Answer 7

no its covered under wear and tear - no tribunal will accept his claim if you he takes you there.... just check out depart of fair trading..... all your answers are there

Answer 8

No he does not - since it has been down since 1988 - this is what is known as fair and reasonable use.  Take him to your verision of the Small Claims Tribunal or to the Rental Tribunal.

ALWAYS GET A MOVE IN CHECKLIST

Answer 9

He's a lousy landlord and he's a jerk.  I'm a good landlord and this silliness makes me mad.  In the future you will videotape the entire place before you move in.  And do it again when you move out.  You'll be glad you did.

Go to www.judgejudy.com.  They'll pay you $15,000 to appear on the show.  She will roast your landlord.

Answer 10

NO!!!! That is normal wear and tear and they CANNOT charge you for that.

They can only charge you if you damaged it.

Take them to court if they try to charge you.

Answer 11

Do you have any photos of the house when you just moved that will show the colour and state of the carpet?

It will be cleaner after a pro clean, try steam cleaning it yourself (you can rent the machines from hardware shots and some supermarkets) show him the difference and see what he says, just hope he will be reasonable about it