Can my landlord keep my rent for stains left on my carpet?

Question

I have a son and a dog, every year they are supposed to clean our carpet, and it's in our lease. They have not done so, I've been living in this unit for 3 years.

Answer 1

You will find that the landlord is probalby going to come up with some excuse to keep your deposit no matter what you do....I hope you took pictures of the condition of the place before you moved in, and if you move out, take lots of pics! Document that you have for carpets to be cleaned and they were not! Keep copies, send certified letter to landlord asking for carpets to be cleaned... If the carpet is really stained, forget your deposit..although he/she would probalby put down more cheap carpet anyway, kiss your money goodbye. Goldwing

Answer 2

To add to what others have said, you are allowed reasonable wear and tear in an apartment. He can't expect to get his unit back without a few dings and cleaning the carpet for the next tennants.

Answer 3

Unfortunately this can go either way. It's usually the tenants responsibility to clean the rental as good as possible but the owner is going to be responsible for painting & replacing the carpet if necasary.

If you can reason with him try to see what he's expecting & see if you can come to a comprimise with him.

Answer 4

Yes and you have the right to contact the BBB on the apartment/house landlord. take a copy of the lease and take it to the office and w/o showing the lease first ask to see the records of the carpet cleaning company  while they were in your unit cleaning. If no records you have a case.  

Answer 5

Your situation depends on the exact terms of your contract.

Loosely speaking,stains after 3 years of continuous use and the failure of the landlord to uphold his cleaning agreement puts you in good stead.

The big However,virtually all landlords are unscrupulous and recognise the time consuming difficulties and likelihood of success in retrieving your deposit.Ergo,it is unlikely he will return your deposit unless he is of fair character.

May I suggest that you withold your rent for a time suitable to recover your deposit.At that point the problem will become academic and the balance will be settled on both sides.

It is a method I used on a number of occasions when I was younger.It may mean stalling the landlord for a few weeks but it guarantees your deposit.