Question About Return of Security Deposit (apartment, rental, movers)

[MFFLinPA]

I'm a bit anxious and need a little peace of mind right now. Let me explain ...

I moved into a rental house in 2010. I paid a $1,000 deposit, more than a month's rent. I moved out on July 1 of this year. I waited for a return of the deposit within the thirty-day statutory time limit. I sent a e-mail to the landlord on July 31 inquiring about the status. He told me he mailed it early that morning. The problem here is twofold:

1. The envelope is postmarked August 1 but the check and Distribution of Security Deposit are dated July 30. I am assuming the postmark shows it is beyond the 30 days. Am I correct in this assumption?

2. He chose to charge me $300 to clean the kitchen, $175 to clean the carpet and $150 for "general cleaning" and cat waste. I think these charges are completely outrageous and out of line. He did not provide any copies of bills to substantiate his claims.

Questions:

Does the 30 days in which to return to deposit mean I should receive it within that timeframe or the landlord just has to have sent it to me?

Admittedly I was not able to remove absolutely all of the trash when we were leaving as we were under a time crunch, a severe time crunch. We stayed to the very last minute to finish everything but it just wasn't possible. I did send an e-mail to him explaining what happened and he was fine with it. Turns out he read the e-mail AFTER he had inspected the house.

The bathroom was cleaned very thoroughly, all the floors were vacuumed, baseboards dusted, ceiling fans cleaned, refrigerator cleaned and counters cleaned. I had sprayed cleaner on the stove but was unable to wipe it down nor was I able to mop the floor (although it had been swept) as a result of the time limitations. I did check with my daughter about the cat waste and she said there wasn't any because the last of it had been left out for the trash the day before.

To me, these charges seem very excessive. Any opinions?

Thanks!

[Hopes]

$300 seems reasonable to me considering you didn't remove the trash, left oven cleaner in the oven, didn't clean the kitchen floor, left some cat waste, etc. You might have vacuumed the carpet, but that doesn't mean the carpet was clean. I think you're out of luck since you sent an email admitting that you didn't leave the property clean.

[Retiredcoach]

Just one quick question.... You moved out on July 1st. When did your lease officially end? If it ended on June 30th, and you extended your lease by just that one day, you may be responsible for the rent for the entire month of July. You appear to be seeking a loophole to "stick it to the landlord", when in reality, you left your home in worse condition than when you rented it and have left him with the responsibility of cleaning what was left of your mess.

As for the return of your security deposit, a former tenant with a cat will automatically cost the landlord significantly more money to restore that property to rentable condition than one who does not. As a tenant, you not only left your cat's feces behind for the landlord to dispose, your cat left behind its dander, and that translates into extra labor to restore the property. General cleaning is not sufficient. In most situations after the cat leaves, the landlord must thoroughly scrub the rental in every nook and cranny (including ductwork) and paint all paintable surfaces. This all involves time and money.

[MFFLinPA]

Originally Posted by Hopes

$300 seems reasonable to me considering you didn't remove the trash, left oven cleaner in the oven, didn't clean the kitchen floor, left some cat waste, etc. You might have vacuumed the carpet, but that doesn't mean the carpet was clean. I think you're out of luck since you sent an email admitting that you didn't leave the property clean.

The total withheld was $625, not $300. Read it again.

[stburr91]

Coach is correct, it is not easy to restore an apartment after a pet has been there. In fact, it is almost impossible to restore it to the point where someone with a pet allergy would be able to live there.

[ferraris]

Even $625 doesn't seem out of line, at least not illegally so. He doesn't need to show you bills to substantiate the costs. He could have done all the cleaning himself and "billed" himself $100 an hour for all you know, and that would be completely fine. He may have hired a cleaning service (or two) and had to not only pay them, but also take time out of his day to let them into the building.

I understand your frustration; I've been dinged for things like not cleaning on top of cabinets and ceiling fans or not dusting blinds. When you're facing a time crunch in moving, your focus is on getting your stuff out and getting into the new place ASAP. It's understandable to miss a few things in cleaning the old place.

Regarding the date on the check vs the post mark, the law isn't clear:

(b) Any landlord who fails to provide a written list within thirty days as required
in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against the tenant for damages to the
leasehold premises. ~Source

Since the law isn't clear, and you're trying to get the landlord on a technicality, I don't think it is worth pursuing. Chalk it up as a lesson learned and move on.

[Hopes]

I still think the landlord was justified based on your description of how you left the property.

[MFFLinPA]

Originally Posted by Retiredcoach

Just one quick question.... You moved out on July 1st. When did your lease officially end? If it ended on June 30th, and you extended your lease by just that one day, you may be responsible for the rent for the entire month of July. You appear to be seeking a loophole to "stick it to the landlord", when in reality, you left your home in worse condition than when you rented it and have left him with the responsibility of cleaning what was left of your mess.

As for the return of your security deposit, a former tenant with a cat will automatically cost the landlord significantly more money to restore that property to rentable condition than one who does not. As a tenant, you not only left your cat's feces behind for the landlord to dispose, your cat left behind its dander, and that translates into extra labor to restore the property. General cleaning is not sufficient. In most situations after the cat leaves, the landlord must thoroughly scrub the rental in every nook and cranny (including ductwork) and paint all paintable surfaces. This all involves time and money.

First of all, I'm not "looking for a loophole to stick to the landlord". I've been renting my entire life and never been charged like this before (I'm nearly 60 years old) because I'm a clean person. In fact, I've gotten money back from landlords who historically don't give refunds! I only want what is fair and these charges seem excessive to me. Do you regularly charge your tenants $625 upon move out?

You're some landlord!! I've never heard of anyone doing so much to clean, even after pets and after the tenant cleaned. It's obvious you don't like cats. Do you do the same amount of cleaning for dogs? I had an indoor cat so fleas were not an issue, which they are for dogs. And dogs have "accidents" inside the home. That requires even more cleaning. Our cat never relieved himself anywhere other than his litter box. Therefore, the carpeting was not soiled in that manner.

As for your question about the end of my lease, I told him I would leave on July 1 to make it easier to get moving help and a truck. Because I moved into the unit in 2010, the initial lease period of one year had expired and I was on a month-to-month basis.

You really don't like tenants, do you?

[MFFLinPA]

Originally Posted by Hopes

I still think the landlord was justified based on your description of how you left the property.

You weren't there. I contacted the movers and the moving help. None of them feels those charges are fair.

[MFFLinPA]

Originally Posted by stburr91

Coach is correct, it is not easy to restore an apartment after a pet has been there. In fact, it is almost impossible to restore it to the point where someone with a pet allergy would be able to live there.

Wow. This is the first time in my life I am hearing this. By that reasoning, all landlords should and/or could charge this, but they don't.