Hello,

I have looked at the California rental agreement, but I had a few questions.

My situation:
My girlfriend and I moved into a house and signed a contract for a 1 year lease agreement. Due to unforeseen circumstances, we need to move, and have since given a 30-day notice to break our lease. Our contract states that we will forfeit our deposit ($1000) plus a $600 penalty fee. After my girlfriend spoke with the landlord, the landlord stated that we would need to pay for carpet cleaning and repainting of the rooms (since we had painted) in addition to the other charges. The landlord has yet to look at the property. Is this legal?

Did you paint the walls some color other than what it was painted? If so you are responsible.
What condition were the rugs in when you moved in and what condition are they now?
I am not sure the law or depending on what your lease says if you would be responsible for carpet cleaning. If he says they need replaced you could possibly be able to claim normal wear and tear-depending.

By rights I think he should have to give you an itemized list of repairs before he can be claiming what you owe.
You are always suppose to leave a place in as good of condition as it was when you moved in

Quote:

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Originally Posted by N0help4u

Did you paint the walls some color other than what it was painted? If so you are responsible.
What condition were the rugs in when you moved in and what condition are they now?
I am not sure the law or depending on what your lease says if you would be responsible for carpet cleaning. If he says they need replaced you could possibly be able to claim normal wear and tear-depending.

By rights I think he should have to give you an itemized list of repairs before he can be claiming what you owe.
You are always suppose to leave a place in as good of condition as it was when you moved in

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Yes, the walls were painted different colors, and I have no problem repainting them (although the place was given to us with primer on the walls as the landlord knew we were going to paint). I am more curious as to whether he the landlord can forfeit my deposit, charge the extra $600 that I agreed to, AND then begin charging for additional items, almost as if there were no deposit to begin with. I don't want to pay for carpet cleaning, that should have come from the deposit. Note: The carpets are in fair condition, some normal wear and tear.

What does your contract say,
In fact if you have a lease, they can require you to keep paying the payments till they find a new renter.

The contract reads as follows:

Break lease-

If the tenant wants to be release (sp) from contract before term expires threre will be a penalty fee of $600 and will forefeit their deposit.

Deposit -

Tenant has paid a deposit of $1000 of which Landlord acknowledges receipt. Upon regaining possession of the property. Landlord shall refund to Tenant the total amount of the deposit less any damages of the property, normal wear and tear expected, and less any unpaid rent.

Oh Okay then that means he is not going to keep all the $1000. Once he sees the condition of the place.
So you leave the place in A one condition he has to give you the thousand back. If he doesn't give you the entire thousand back then he has to give you an itemized list showing repairs and unpaid rent
You are still responsible for paying the $600.

He should be required to notify you or give you your deposit back in so many days depending on your state law.

Sorry I read it differnet,

He will keep all of the deposit, that is one term.

The second line is what happens if they give proper notice at the end of the lease.

They will not be getting any of it back, since they broke the lease, it reads fairly clearly to me on it

Oh so the part under deposit doesn't have anything to do with breaking the lease?

Then he would not be entitled to anything back.

I understand not getting anything back, but should I be expected to pay for carpet cleaning, etc. since the landlord is receiving all of my deposit? Is the landlord able to charge additional items on top of those penalties? If we had fulfilled the lease agreement, I am sure we would be receiving money back.

Sounds to me like he can charge you on top of the deposit because the way it reads you are forfeiting the deposit AND $600. Simply for breaking the lease alone.

Calidad should be able to answer better if they are legally allowed to do that in California but I know that basically they say
WHATEVER is written in the lease you are bound to.

I hope he sees this thread...

Sorry, but you don't have a leg to stand on. You signed a lease with an early termination clause and you are terminating early. Actually you got off lightly since the normal early term clause is 2 months rental.

So the forfeiture of the deposit and penalty is the consequence of early termination. It has NOTHING to do with any repairs necessary after you turn over possession.