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My mom is 81 years old and has dementia for which she takes medication. I recently bought a house for her and moved her out of her apartment. She didn't do any actual damage to the apartment, but left it really filthy: carpets, toilets, smudges around light switches, etc. We know the landlord will keep our security deposit and we don't blame them. Can the landlord try to sue us for anything above and beyond the security deposit, and how likely is that to happen?
Offer to do the cleaning. My aunt was in sort of the same condition and my son went in and disposed of her stuff and cleaned her apartment. They still kept the deposit but considering she also had dementia, heavy smoker, drinker, it was expected.
My mom is 81 years old and has dementia...and moved her out of her apartment.
...but left it really filthy
It's at this point where the family steps up and does the cleaning required by the lease
and/or hires professionals to do it.
Quote:
Can the landlord try to sue us for anything above and beyond the security deposit,
and how likely is that to happen?
The landlord will hire the cleaning crew and the carpet shampoo company
and anyone else who is required to return their property to rentable condition.
Let's say that work comes out to $1000 and lets say the SD was $500.
Whoever has their name on the lease owes the other $500.
If Mom left without giving proper notice per the lease...
then whoever has their name on the lease may owes yet another amount.
The LL will "demand" that whoever has their name on the lease to pay these balances.
If they refuse... the LL will invite them to explain themselves to a Judge.
The Judge in turn will "order" whoever has their name on the lease to pay the balances.
If they don't honor the Court Order... then they can have wages and other income garnished
and/or have liens placed on property and of course will have the matter reported to the credit rating agencies.
The LL will "demand" that whoever has their name on the lease to pay these balances.
If they refuse... the LL will invite them to explain themselves to a Judge.
The Judge in turn will "order" whoever has their name on the lease to pay the balances.
If they don't honor the Court Order... then they can have wages and other income garnished
and/or have liens placed on property and of course will have the matter reported to the credit rating agencies.
As others have suggested, the simplest solution is to inform the landlord that you'll pay the extra to get the place cleaned or do it yourself.
New Mexico law is very pro tenant. I know people who have had their property trashed by a tenant, took them to court, got a judgement against them and never saw a penny. The ex tenants didn't seem to have any problems getting another place to live and the collection agencies here only go after you if they think there's a good chance they'll actually get some money out of you otherwise they move on to the next case.
We know the landlord will keep our security deposit and we don't blame them. Can the landlord try to sue us for anything above and beyond the security deposit, and how likely is that to happen?
I'd suggest putting yourself in the landlord's position and do what is fair, rather than what you can get away with.
I don't know how long she was there, but that makes a difference. The landlord should expect normal wear and tear, and if the tenant was there a long time and the place was just dirty but not trashed, it isn't that big of a deal if it costs him a little more than the deposit is worth. If it's only been a few months, that's more annoying.
Like others have mentioned, you can hire people to clean and that seems like the sensible thing to do. A thorough and complete cleaning on a place that is really dirty would not be cheap though. The whole place may need painting too, carpets and drapes replaced, etc.
I'd suggest putting yourself in the landlord's position and do what is fair, rather than what you can get away with.
I don't know how long she was there, but that makes a difference. The landlord should expect normal wear and tear, and if the tenant was there a long time and the place was just dirty but not trashed, it isn't that big of a deal if it costs him a little more than the deposit is worth. If it's only been a few months, that's more annoying.
Like others have mentioned, you can hire people to clean and that seems like the sensible thing to do. A thorough and complete cleaning on a place that is really dirty would not be cheap though. The whole place may need painting too, carpets and drapes replaced, etc.
She was there 8 years. It's been almost three weeks since we moved my mom out.
On the day we had everything out, I finally talked to the property manager, and explained that I fully understood if they keep our deposit.
The apartment was filthy, but there was no damage. Mainly you could chalk it up to stained carpet, smudges on walls, and toilets with hard water stains possibly requiring replacement.
After 8 years, you KNOW they are going to replace the carpet and repaint the place just so it looks new for the next people. I have lived in too many apartments over the years to buy the line that we could have had the carpet cleaned sufficiently to make replacement unnecessary. That's just a line that landlords hand you so they can keep your deposit.
Anyway, the apartment manager was very pleasant and agreeable. I think she was a little defensive thinking we would fight for the deposit, and when I told her I understood they deserved to keep it, she was entirely satisfied.
She explained that they are getting ready to sell the apartment building anyway so it probably will become the problem of the new owners anyway.
So unless some surprise pops up, I'm content to believe keeping our deposit was enough compensation for the cleanup.
I will say this: When I moved into my condo years and years ago, the carpet was already in bad shape. When I moved out 3 years later during the final walkthrough, the landlord told me TO MY FACE: "Don't worry about getting the carpet cleaned, it's been in bad shape and was old anyway so we are just going to replace it."
I didn't have it cleaned PER THE LANDLORD and what happened? They still hit me with a huge charge and took my deposit. Bottom line? Don't trust landlords especially in verbal contact. Get it all in writing.. best of luck!!
Can the landlord try to sue us for anything above and beyond the security deposit, and how likely is that to happen?
Yes! Pretty likely!
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