Security Deposit Landlord tenant question - is there still normal wear & tear law

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GWCOCHRAN

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IS THERE NORMAL WEAR & TEAR LAW THAT A TENANT IS NOT RESPONSIBLE FOR RE: TOUCH UP PAINTING & MINIMAL CARPET CLEANING? I LIVE IN A SMALL 2 BEDROOM APARTMENT TEMPORARILY FOR ONLY 6 MONTHS AND NOW THEY WANT TO WITHHOLD THE FOLLOWING FROM MY SECURITY REFUND.

"PAINTING CHARGES, IF ANY, ARE BASED ON THE PREMISE THAT A PAINT JOB SHOULD LAST 36 MONTS. iF WE NEED TO PAINT, WE TRY TO AVOID CHARGING YOU OUR FULL COST BY USING THE FOLLOWING PRORATION: OUR PAINTING COST, LESS A PRORATION OF 1/36 OF THE COST FOR EACH MONTH SINCE LAST PAINTED (FOR EXAMPLE: IF IT HAS BEEN 12 MONTHS, WE PAY 12/36 OF THE COST AND YOU ARE ONLY CHARGED WITH 24/36 OF THE COST; IF IT HAS BEEN 36 MONTHS OR MORE, WE PAY ALL OF THE COST AND YOU ARE NOT CHARGED."

THE SAME POLICY AND 36 MONTH PRORATION APPLIES TO CARPET CLEANING.

IS THIS LEGAL WHEN THERE IS ONLY 5 -7 SMALL TOUCH UP PAINT SPOTS AND ZERO (0) CARPET ISSUES. WOULDN'T THIS BE CONSIDERED NORMAL WEAR & TEAR THAT THE LANDLORD WOULD DO BETWEEN TENANTS & NOT THE RESPONSIBLILITY OF THE TENANT?

CERTAINLY THEY CAN NOT CHARGE ME TO PAINT THE ENTIRE APPARTMENT & SHAMPOO THE ENTIRE CARPET (WHICH HAS NO STAINS OR SPILLS OF ANY KND) BASED ON THE ABOVE POLICY & PRORATION. IS IT LEGAL TO REPAINT THE ENTIRE APARTMENT (WHICH WE KNOW THEY ARE NOT GOING TO DO SINCE ONLY A FEW TOUCH-UPS NEED TO BE DONE) AND CHARGE ME FOR IT?

PLEASE ADVISE ASAP SINCE I HAVE A NEW MONTH THAT BEGINS TODAY (7/1/14).

THANK - YOU
 
Did you fail to read the part regarding charges "if any" and "if we need to paint". Same with the carpet cleaning.

If the place needs no painting or carpet cleaning, you have nothing to worry about.

Consider yourself lucky. Many rental units do routine carpet cleaning on ALL units and charge the outgoing tenant for this.

"Is there a normal wear and tear law"..

Good heavens. There's not going to the a "law" for everything!

Gail
 
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