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What are my rights?

Location: Kansas, Olathe  |  Law type: landlord & tenant attorneys

I'm renting a room inside a residential home with one well-trained dog; the owner also lives in the home. I never have guests over. The owner/ roommate does frequently. I'm moving next month and was informed that I would not be getting my deposit back, as the owner of the house is using it to "professionally" clean the carpets upon move out. The carpets have zero stains/ accidents, nor any destruction by myself and/or my dog, and have always been well taken care of. I don't wear my shoes in the house (the owner does).

I have read that a landlord cannot hold a security deposit for routine cleaning/ carpet cleaning even if it states it in a lease, unless there's damage, etc., but, I'm having a hard time finding details about this for the State of Kansas. I would understand if there was damage or stains, etc., but they are in as good of condition as they were when I moved in (photo below), so I would consider this to be "Routine Cleaning".

Also, part of the carpeted area is a 'Common Area'. Can my landlord/ roommate keep my deposit for “professional" carpet cleaning? Are there any documents of Kansas Law that state this information to give to him? What are my rights? Thanks so much!! 

 

Pulled from my lease: 

8. Security Deposit. Upon signing this Agreement, Tenant will pay a security deposit in the amount of $150.00 to Landlord. The security deposit will be retained by Landlord as security for Tenant’s performance of its obligations under this Agreement. The security deposit may not be used or deducted by Tenant as the last month’s rent of the Term. Tenant will be entitled to a full refund of the security deposit if Tenant returns possession of the Premises to Landlord in the same condition as accepted, ordinary wear and tear excepted. Within thirty (30) days after the termination of this Agreement, Landlord will return the security deposit to Tenant (minus any amount applied by Landlord in accordance with this section). Any reason for retaining a portion of the security deposit will be explained in writing. The security deposit will not bear interest while held by Landlord in accordance with applicable state laws and/or local ordinances.

 

22. Pets. Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Premises, except for the following: The tenant, ******** ********, is allowed one pet on premise. She will be responsible for all actions taken by her pet. The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with disabilities may be permitted on the Premises with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any portion of the Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of Landlord).

 

Photo taken today (2/4/19)

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"What are my rights? "

Kansas landlord & tenant attorneys Olathe

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