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    sylviawp's Avatar
    sylviawp Posts: 10, Reputation: 1
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    #1

    Aug 17, 2009, 02:24 AM
    Can Landlord deduct money from the deposit for carpet clean they didn't do?
    Hi,

    We rent a house in South CA Orange county, I gave 2 months notice to landlord ask for terminate the lease earlier than contact. Landlord agreed that if they can re-rent the house, we can terminate the lease by the day the new tenant move in, we were responbile to pay the rent till new tenats take over.

    We moved out 2 weeks before the new tenants moved in. The landlord decided to replace all the carpet and paint the whole house during the 2 weeks. The house was quite old when we rented a years ago. It's not our fault for the work, the house need to be upgraded after a good few years.

    The landord said because we broke the contract, ask for early termination for the lease, we should be responbile for following cost: (I only list those two I am not sure I should pay)

    1)We need to pay the rent for the two weeks when the landlord hire someone to upgrade the house.
    2) We need to pay carpet clean fee even they are not going to clean the carpet because they are getting brand new carpet for the house.

    I am new to the country, don't know much about the real estate law, could you give me some advice ? Your help are much preciated.

    Thanks

    WP
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 17, 2009, 04:39 AM

    Real estate laws have very little to do with this situation. The issue is that you were breaking the lease. The landlord could have not allowed it. So its not unreasonable for him to require certain concessions to allow it.

    A carpet cleaning fee when an apartment changes hands is not out of line. And requiring you to pay the rent until the new tenant moves in is definitely in line.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 17, 2009, 06:15 AM
    Quote Originally Posted by sylviawp View Post
    1)We need to pay the rent for the two weeks when the landlord hire someone to upgrade the house.
    Quote Originally Posted by ScottGem View Post
    The issue is that you were breaking the lease. The landlord could have not allowed it. So its not unreasonable for him to require certain concessions to allow it..
    And requiring you to pay the rent until the new tenant moves in is definitely in line.
    The LL can't say "I won't allow you to leave". The question is only this: what is a fair measure of damages.

    As I read it, the OP had it worked out so that the new tenant was ready to go when OP moved out. LL decided to have the premises vacant for two weeks only to upgrade the place. If that is the case, the LL is not damaged by the breach, and I am not sure OP would have to pay.


    Quote Originally Posted by sylviawp View Post
    2) We need to pay carpet clean fee even they are not going to clean the carpet because they are getting brand new carpet for the house.
    Quote Originally Posted by ScottGem View Post
    A carpet cleaning fee when an apartment changes hands is not out of line.
    But not when the carpets are not being cleaned, but rather thrown out and replaced.
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