Can a landlord take routine carpet cleaning charges from the secuity deposit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord take routine carpet cleaning charges from the secuity deposit?

I moved out of an apartment in after living there for 2 years. All proper notice was given, and I hired a cleaning service recommended by the complex to clean after I moved out. I just received a summary of charges, and I was charged $175 for cleaning and dying of the carpet as well as “fraying”. The carpet was vacuumed and well cared for. Can they charge for routine cleaning? The fraying was around the edge near the front door as a result of just opening and closing the front door. I have no idea why they dyed the carpet, except it was kind of old and it probably looked a little newer after. Do I have any recourse to fight this charge?

Asked on June 15, 2012 under Real Estate Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A tenant is not responsible for "normal wear and tear". Wrongfully withholding a tenant's security deposit, or part of it, is legally actionable. You need to inform your former landlord that you disagree with him and that you're willing to let a judge sort it out if necessary.  As part of this process they will have to provide you with an accounting of your deposit.  Bottom line, stand up for yourself. Be polite but let the landlord know you'll fight him if he tries to charge you. Your chances of winning are good since most judges are tenant-friendly. Just try to bring whatever evidence you have to support your caim. However, be aware that it will in all likelihood cost you more than  $175 to fight this in court. So possibly the threat of court will be enough to have your landlord offer you some type of "settlement".


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption