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Old 05-06-2016, 08:17 AM
 
3,461 posts, read 4,699,161 times
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I just edited my post above and added additional info that I found which you may want to read. It appears that either leases are not being challenged with that clause or fee or that it is such a grey area in the NC rental statutes that they are able to get away with it.

I would recommend seeking out legal guidance to help you.

Last edited by Corn-fused; 05-06-2016 at 08:29 AM..
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Old 05-06-2016, 08:46 AM
 
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Quote:
Originally Posted by Corn-fused View Post
I just edited my post above and added additional info that I found which you may want to read. It appears that either leases are not being challenged with that clause or fee or that it is such a grey area in the NC rental statutes that they are able to get away with it.
I actually read that earlier today myself!

As far as dirt not being normal wear and tear - from what I've been able to gather, as long as a carpet isn't filthy, doesn't have stains, tears, etc, then a landlord shouldn't be able to force a tenant to pay for a professional deep cleaning service if the carpet is otherwise obviously clean.

But mostly, it wasn't on the first two leases we signed for the two years we've lived here, so it is frustrating to me that we'd suddenly be required to because of the one month we had to switch to a "month-to-month" lease.
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Old 05-06-2016, 08:51 AM
 
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Originally Posted by SomethingWitty View Post
I actually read that earlier today myself!

As far as dirt not being normal wear and tear - from what I've been able to gather, as long as a carpet isn't filthy, doesn't have stains, tears, etc, then a landlord shouldn't be able to force a tenant to pay for a professional deep cleaning service if the carpet is otherwise obviously clean.

But mostly, it wasn't on the first two leases we signed for the two years we've lived here, so it is frustrating to me that we'd suddenly be required to because of the one month we had to switch to a "month-to-month" lease.

Oh, I agree with you. That is why I can only recommend that you try to find a tenant resource center or other legal entity to help you. The law seems to be very clear to me however, it also appears that LLs are getting away with it but I also don't know if that is only because tenants are not challenging it. Either way, it definitely contradicts the sec dep statutes.
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Old 05-06-2016, 09:09 AM
 
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Originally Posted by Corn-fused View Post
Oh, I agree with you. That is why I can only recommend that you try to find a tenant resource center or other legal entity to help you. The law seems to be very clear to me however, it also appears that LLs are getting away with it but I also don't know if that is only because tenants are not challenging it. Either way, it definitely contradicts the sec dep statutes.
I definitely plan on calling around to make sure! I'm not even against hiring professional services - but I don't like the idea of doing so if it isn't actually necessary or would be a huge waste of $$$.

Either way, I'll be taking a lot of photos. I also have the photos from the move-in walk through that shows the thousands of dead termites, and the contradictory information on the move-in checklist.

I also took screenshots and have email copies with photos from where I tried to get them to repair the ceiling damage (it really was excessive - we're talking gaping holes and ceiling peeling several inches down) and was ignored. The carpet upstairs was damaged from the leak also - they did nothing to dry it or prevent mildew issues, so the carpet is buckled in that area.

So glad we're moving. I'm scared of this place falling apart if we stayed for too much longer, haha!
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Old 05-06-2016, 09:13 AM
 
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Please do report back on what you find out and what ends up happening.


Good luck!
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Old 05-06-2016, 09:17 AM
 
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Will do!
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Old 05-06-2016, 09:22 AM
 
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Original Poster: I am curious why you even started a thread asking the question when you have done nothing but argue each point that has been made in reply.
Why don't you go and do whatever it is you had already decided to do and move on with your day?
If you don't want to abide by the lease you signed then don't, you are the only one who is goin to be affected.
There is one detail you have not presented or considered from what you have written though.
Your acceptable level of clean or definition of normal wear and tear is different from that of the owner of the property.
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Old 05-06-2016, 09:46 AM
 
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Originally Posted by CSD610 View Post
Original Poster: I am curious why you even started a thread asking the question when you have done nothing but argue each point that has been made in reply.
Why don't you go and do whatever it is you had already decided to do and move on with your day?
If you don't want to abide by the lease you signed then don't, you are the only one who is goin to be affected.
There is one detail you have not presented or considered from what you have written though.
Your acceptable level of clean or definition of normal wear and tear is different from that of the owner of the property.
What's wrong with countering an argument or discussing a different opinion? I personally enjoy hearing other people's thoughts whether they agree with me or not, and I really appreciate people taking the time.

The issue isn't what either me or what the owner of the property defines as normal wear and tear, but what they could legally enforce as wear and tear, especially since my first two leases with them didn't require a professional cleaner and it was thrown in on a 30 day extension.
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Old 05-06-2016, 07:22 PM
 
Location: Austin, TX
16,787 posts, read 49,046,364 times
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Quote:
Originally Posted by SomethingWitty View Post
I just looked at our first two signed leases with this company (first year lease, then the renewal for another year). Neither require a professional steam cleaning.

BUT, we signed a month-to-month lease because we needed one additional month, and that is where they suddenly tacked on the professional cleaning clause.

I admit I didn't even notice it since I assumed it would be the same, but as far as I know, it isn't something they should be able to legally enforce in my state.

I don't even mind the idea of hiring someone, but the quotes I've gotten have been pretty excessive because of the size of this house.
You signed the lease with the additional requirement. You are now bound to comply with it. Period!
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Old 05-06-2016, 08:44 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,233,336 times
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From what I can tell through a quick google search that seems standard in NC, as well as many other places, so good luck getting out of it. One of your posts you said "but as far as I know, it isn't something they should be able to legally enforce in my state" and im curious how you came to that conclusion. Most places this is handled more indirectly through the standard requirement of you must return the unit to how you got it. If I cleaned it before you moved in then it needs to be as clean when you move out.
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