Can a landlord charge a tenant for having a yardsale on the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord charge a tenant for having a yardsale on the property?
I just moved, and my old landlord is trying to take money from my security deposit because we had a yard sale before we moved. No damage was done to the property and everything was cleaned when we left with no trash left behind. She is saying that we held a public sale and charging us $100 for it. Yet, 2 other tenants including the manager participated. are they allowed to take that our of my security deposit?
Asked on March 23, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In the situation you describe, the only grounds a landlord would have for charging you for a yard sale would be--
1) If the lease provided for some charge for a yardsale; or
2) If the landlord was fined for the sale, or had to pay the municipality some fee, penalty, etc. for there being a yard sale; in that case, the landlord could pass this cost, which you caused him/her to incur, on to you.
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.