California Tenant Rights on Security Deposits & Carpets

You may have to pay for damage to the carpet -- but the landlord has to follow the law.

Under California law, landlords have the right to ask tenants for a security deposit when they move in. Tenants have a right to get that money back when they move out; California law doesn't allow for nonrefundable security deposits. If your landlord wants to keep any of your deposit, he must offer a valid reason, such as repairing damage you caused to the carpet.

Considerations

California law states that landlords can charge no more than two months rent for a security deposit on an unfurnished apartment, or three months for a furnished unit, according to Rent Law. When you leave, you're entitled to a refund no later than 21 days after you move out, less any deductions for cleaning or repairs. You have the right to ask the landlord to make an inspection of the property two weeks before you leave and inform you of any problems that need to be fixed.

Reasons

There are four legal reasons for a California landlord to withhold part of your security deposit, according to the state Department of Community Affairs: for unpaid rent; to clean the unit; to repair damages; and, if the lease allows it, to replace furniture or other items. In the case of carpets, a landlord could withhold money to clean the carpet, but only to the level it was at when you moved in; if it was dirty then, he can't bill you to clean it now. Nor can he claim any money for damages if the carpet has suffered nothing more than ordinary wear and tear.

Prevention

If the pre-moving inspection turns up problems, the California Tenant Law website states that you have the option to fix them before moving. If the carpet has become filthy over the course of your lease, for example, you can clean it yourself or hire someone to do it, then claim your full deposit afterwards. Take pictures of any carpet cleaning or repairs so you can prove you took care of the problem.

Procedure

If the landlord deducts money for the carpet, she must present you with copies of receipts for the repairs or cleaning she had completed, according to the Department of Community Affairs states. If she or her employees do the work, the receipt must detail how much time they spent and base the deduction on a reasonable hourly rate. If you believe the deduction isn't justified, or the landlord doesn't return the money in time, contact her immediately and request the money. If she refuses to pay, you can sue in small claims court.

References

• California Department of Community Affairs: Refunds of Security Deposits
• Rent Law: California Security Deposits
• California Tenant Law: Security Deposit

Resources

• Find Law: What Can a Landlord Deduct From a Security Deposit for Cleaning and Repairs?