Month to Month Lease Rentals / Security Deposit (breaking a lease, carpet, vacate)

[srobinson1977]

I was previously renting a duplex unit on a month to month lease basis. The lease was a lease with standard verbage. The landlord however had handwritten in on the lease that if the property was vacated prior to a one year terms they could keep the security deposit.

I was fine with this however they are now wanting us to additionally have the carpets cleaned, which never had shoes worn on them in addition to the 5 days pro rated monthly rent.

I had thougtht those monies could be taken out of the security deposit as this is a month to month lease agreement.

Does the landlord have the rights to keep the security deposit and demand the carpets be cleaned and the pro-rated rents?

Any advice is appreciated.

[Hemlock140]

I would say that the carpet cleaning cannot be enforced if not specified in the lease. Prorated rent for days after the end of the last paid month is to your benefit, normally if you stay and extra day or two they will charge you for another whole month.

[dontaskwhy]

Unless it was written in the lease agreement, it is unenforceable. Good luck, let us know what happens.

If the landlord still insists, ask him to show you it in writing.

[beb0p]

What state are you in? These laws can be different in your state as opposed to mine.

In CA, your landlord cannot just keep the security deposit for breaking a lease. He can impose a monetary penalty but there is very strict rules on what the deposit can be use for.

He also cannot require you to steam clean the carpet if it's not in the contract.