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View Full Version : Isn't "normal wear and tear" dependent upon how long one rents?


allycatwolfe
Aug 7, 2012, 10:30 PM
I understand the "normal wear and tear" policy in terms of security deposit. My question is, if I've lived in my apt. for 5 years, the amount of "normal wear and tear" let's say, of my carpet, would be [more likely], more so than someone who has only lived there for a year. In other words, does length of tenancy play some role in determining "wear and tear"?

ScottGem
Aug 8, 2012, 03:17 AM
Yes it does. Why is this an issue?

allycatwolfe
Aug 8, 2012, 07:35 PM
Because I was told by the apt manager and the landlord herself, that she deducts a "cleaning fee" automatically from the security deposit, I told her it was illegal for her to do that - UNLESS, there is excessive damage, beyond normal wear and tear. She said that "everyone does it -ask anyone". If it is not stated in the rental agreement that there will be an ADDITIONAL charge for a cleaning fee when you vacate the apartment, it is not her right to do so. Correct?

ScottGem
Aug 8, 2012, 07:38 PM
ANY question on law needs to include your general locale as laws vary by area.

allycatwolfe
Aug 8, 2012, 08:12 PM
ANY question on law needs to include your general locale as laws vary by area.

It is Los Angeles, CA

ScottGem
Aug 9, 2012, 03:19 AM
Actually its not illegal, but it can be questionable.

California Civil Code Section 1950.5 only permits a landlord to use a tenant's security deposit to pay for the costs of: (1) unpaid rent; (2) cleaning the rental unit after you vacate (but only to what it was before you moved in);
California Law Regarding Rental Security Deposits (http://www.yourlegalcorner.com/articles.asp?id=102&cat=land)

So, normal wear and tear doesn't come into it. If you can prove you restored the unit to its move in condition, you can can protest the fee.