What can be deducted from a renter's deposit?

[irvine_home_owner_IHB]

I've look at various websites (and even searched here) but a relative of mine wants to know what they can deduct from their tenant's deposit.



Obviously any type of damage but can they deduct for:



Repainting

Cleaning



I read somewhere that a landlord can deduct from the deposit what it costs to return the property to its condition before the renter took occupancy, but I've also read that anything that a landlord would normally do to prepare a place for rent (such as cleaning) cannot be deductible.

 

[tmare_IHB]

Cleaning, yes. Repainting, the basic answer is no unless there is damage beyond normal wear and tear. Repainting is generally expected to be covered by the owner when a tenant moves out.

 

[qwerty_IHB]

[quote author="tmare" date=1238803390]Cleaning, yes. Repainting, the basic answer is no unless there is damage beyond normal wear and tear. Repainting is generally expected to be covered by the owner when a tenant moves out.</blockquote>


Regarding repainting, I believe CA law says that if you live in a place for two years, you can not be charged to repaint a place - IAC's practice is consistent with this. If they have to repaint (if you put nails in the wall, etc) they have to prorate the cost of repainting (if you live there one year they can only charge you half of what it cost to repaint the place). I believe carpets have a five year life span, so if you live in a rental for more than five years there wont be any carpet related charges.

 

[NewToOC_IHB]

I have read the 5 year carpet thing before on IHB I think. So I wonder about the scenario I'm in now. I'm renting from a private owner on a work assignment in another state. Said owner's intent is to return to CA at some point and re-occupy the place we are renting. If we've lived here a few years and the carpet gets a bit worn/grubby which is happening esp. given the very cheap non-upgraded quality of it.... When we move out what is to stop the owner from putting in higher end brand new carpeting throughout the house (even where it looks brand new) and charging us for 40% of it - assuming we've live there 3 years? Sure they'd still have to pay 60% but then they'd have new nicer carpeting at a hefty discount using our deposit money?



I don't really think they'd do this. We have been very good renters but sometimes I wonder.

 

[qwerty_IHB]

[quote author="NewToOC" date=1238805123]I have read the 5 year carpet thing before on IHB I think. So I wonder about the scenario I'm in now. I'm renting from a private owner on a work assignment in another state. Said owner's intent is to return to CA at some point and re-occupy the place we are renting. If we've lived here a few years and the carpet gets a bit worn/grubby which is happening esp. given the very cheap non-upgraded quality of it.... When we move out what is to stop the owner from putting in higher end brand new carpeting throughout the house (even where it looks brand new) and charging us for 40% of it - assuming we've live there 3 years? Sure they'd still have to pay 60% but then they'd have new nicer carpeting at a hefty discount using our deposit money?



I don't really think they'd do this. We have been very good renters but sometimes I wonder.</blockquote>


They can only charge you to replace the carpet if there are damages above and beyond normal wear and tear. If you live there for three years they just cant replace the carpet and charge you 40%, if you caused damage above the normal wear and tear that caused the owner to replace the entire carpet they can charge you the 40%, otherwise its just a carpet cleaning charge. We moved out of an IAC rental this past december, my dog had a couple of accidents inside the house on the carpet, i cleaned it up as best as i could but you could kind of still see the stain - it was in the lease that any pet stains requires them to change out the carpet at the tenants expense, so i had to pay something like $600 to replace the carpet, it amounted to something like 40% or 50% of the cost (they provided copies of the invoices).