Non refundable deposits are illegal in some states, however most allow this practice. Deposits can be non-refundable if it is agreed upon and disclosed up-front. Rentals are regulated by contract law meaning that whatever you agreed upon is legal unless there is some specific law that negates certain conditions such as disallowing “non-refundable deposits” or a maximum amount or percentage that can be non-refundable.

Its best to never sign a contract unless you are 100% okay with the terms set. Don’t assume that there will be a law that will supersede the lease terms, because even if there is a law, it would still require a lawsuit or legal help to enforce.

The first question I have is this:

Did you get this in writing? Did the landlord sign a statement or addendum specifically stating that they would replace carpet, paint, clean, repair etc.?

IF they did then they are in breach of agreement which would allow you to terminate your lease without penalty. However, if the agreement was verbal and there is no evidence to validate the agreement, then you might be stuck.

Once you sign a lease agreement you are virtually accepting the unit in the condition it is in. Any guarantees or promises NEED to be in writing in order to be enforceable. If these arrangements to repair your apartment are written (even via email, or text message) then you have rights to get out of your lease. Verbal agreements on the other hand are fairly worthless, why? Because there is no proof. There is no way to prove what anyone said or agreed to. If it goes to court, it will probably be thrown out.

Even if the repairs promised by your landlord are verbal, you can still possibly break your lease but only if the unit is uninhabitable or unsafe. If the repairs are so bad that the unit isn’t habitable, then you can claim a breach of implied warranty of habitability which would require the landlord to let you out of the lease and refund your deposit.