Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
OP is in CA based on their profile so only CA state rental laws and statutes apply here. OP, I would disregard most of the opinions here if the poster is not located in CA or is not supplying information specific to CA law.
One thing for certain is there can not be ANY specified 'non-refundable' charges towards a deposit in CA so disregard any poster who mentioned that for sure.
My personal (not legal) opinion is that the carpet is aged out and more than likely needs replacing. Was it new carpet when you moved in? If not, then it may have definitely 'aged out'. (basic depreciation can be anywhere from 5 - 10 years based on the grade/quality of carpeting but it also depends on the judge and your state laws) If they don't replace it for a new tenant then sorry, but that is just nasty. Plus, many of the other things you mentioned are very questionable as well.
I think it is also not uncommon to find landlords like myself who are trying to be good landlords, honest and fair, and trying to follow the letter of the law.
Quote:
Originally Posted by Lovehound
I have a $400 non-refundable cleaning fee, and a lease clause that requires tenant to have the carpets professionally cleaned before termination of occupancy. (Arizona)
You are contradicting yourself. Whether you are allowed to do the above in AZ or not, I would not consider it 'honest and fair' at all to charge every tenant a non-refundable $400 cleaning fee specifically if they clean the apt sufficiently themselves. And then on top of that fee you also require them to have the carpets professionally cleaned at there expense? That $400 doesn't even include the carpet cleaning??? It appears (in my opinion) that you are trying to do nothing but profit off of your tenants with that $400 non-refundable fee, when it may not even be used in most cases, to simply compensate for what you state below. Just because you can get away with it 'legally' in your state does not mean it is necessarily 'honest and fair', ethical or in good faith.
Quote:
Originally Posted by Lovehound
And also, it is extremely common for tenants to get very destructive and then clever in avoiding their legal responsibilities such as destroying a rental unit then moving out of state realizing that finding them let alone getting a judgement and collecting on them is often just financially not worth the trouble. Spend $2,000 to collect on a $500 judgement against an out-of-state ex-tenant? Better to just turn it over to a collection agency and get maybe 20 cents on the dollar, then report them to the credit bureaus and have them get their comeuppance next time they try to rent.
I think it is also not uncommon to find landlords like myself who are trying to be good landlords, honest and fair, and trying to follow the letter of the law.
Quote:
Originally Posted by Lovehound
I have a $400 non-refundable cleaning fee, and a lease clause that requires tenant to have the carpets professionally cleaned before termination of occupancy. (Arizona)
You think a $400 non-refundable cleaning fee is FAIR? I think that's a ripoff and personally I would laugh in a LLs face if they told me I had to pay a ridiculous fee like that.
Quote:
Originally Posted by Lovehound
And also, it is extremely common for tenants to get very destructive and then clever in avoiding their legal responsibilities such as destroying a rental unit then moving out of state realizing that finding them let alone getting a judgement and collecting on them is often just financially not worth the trouble. Spend $2,000 to collect on a $500 judgement against an out-of-state ex-tenant? Better to just turn it over to a collection agency and get maybe 20 cents on the dollar, then report them to the credit bureaus and have them get their comeuppance next time they try to rent.
Perhaps your screening methods need improvement if you are getting so many tenants who tear everything up when they leave.
You are contradicting yourself. Whether you are allowed to do the above in AZ or not, I would not consider it 'honest and fair' at all to charge every tenant a non-refundable $400 cleaning fee specifically if they clean the apt sufficiently themselves. And then on top of that fee you also require them to have the carpets professionally cleaned at there expense?
It is legal and fair and customary in Arizona (at least with houses), and nobody is holding a gun to the prospective tenant's head to lease the house. I don't require tenants to do anything except read and sign the lease if they want to rent the house, and follow the provisions in the lease.
Actually it turns out I have to spend about $400 to get a cleaner to clean the house as clean as it was before I rented it. That's fair.
You think a $400 non-refundable cleaning fee is FAIR? I think that's a ripoff and personally I would laugh in a LLs face if they told me I had to pay a ridiculous fee like that.
Not likely. My houses are in Arizona and I'm not. The only time I'm likely to meet my tenants is at the move-out inspection.
Keep in mind this is not a 1BR apartment, it's a 3BR 3BA approx. 1,600 sq.ft. luxury house.
Next tenant will complain like hell if entire house is not spick 'n span and totally spotless without a speck of dust.
It generally costs me about that amount to do an entire cleaning of the house and I don't clean it myself, I hire professionals. That's even after my usual tenants clean it themselves. They just want to move, they are picky when they rent and sloppy when they want to leave.
Not likely. My houses are in Arizona and I'm not. The only time I'm likely to meet my tenants is at the move-out inspection.
Keep in mind this is not a 1BR apartment, it's a 3BR 3BA approx. 1,600 sq.ft. luxury house.
Next tenant will complain like hell if entire house is not spick 'n span and totally spotless without a speck of dust.
It generally costs me about that amount to do an entire cleaning of the house and I don't clean it myself, I hire professionals. That's even after my usual tenants clean it themselves. They just want to move, they are picky when they rent and sloppy when they want to leave.
Shouldn't that cost be taken into consideration when becoming a landlord? I would never agree to a $400 non refundable cleaning fee. That's your responsibility if you want a professional business to clean the rental, not the tenant's.
^Aren't the problems that arrise what the security deposit is for? Beyond wear and tear problems? It's not "nice and fair" to charge tenants for wear and tear clean up.
OP is in CA based on their profile so only CA state rental laws and statutes apply here. OP, I would disregard most of the opinions here if the poster is not located in CA or is not supplying information specific to CA law.
One thing for certain is there can not be ANY specified 'non-refundable' charges towards a deposit in CA so disregard any poster who mentioned that for sure.
My personal (not legal) opinion is that the carpet is aged out and more than likely needs replacing. Was it new carpet when you moved in? If not, then it may have definitely 'aged out'. (basic depreciation can be anywhere from 5 - 10 years based on the grade/quality of carpeting but it also depends on the judge and your state laws) If they don't replace it for a new tenant then sorry, but that is just nasty. Plus, many of the other things you mentioned are very questionable as well.
Good catch that the OP is in Ca. In CA, the landlord has to give the tenant the opportunity to get all of their deposit back, can't charge for normal wear and tear, and can't charge any mandatory non-refundable fees.
They have to give written notice of the right to a pre-move out inspection (called an initial inspection), where they must give a written list of what needs to be done to get the full deposit back, and it can't include normal wear and tear.
This particular page on the CA Dept of Consumer Affairs describes the initial inspection process that's required - in the blue section - and farther down, explains normal wear and tear and the life expectancy of carpets, etc.:
Not likely. My houses are in Arizona and I'm not. The only time I'm likely to meet my tenants is at the move-out inspection.
Then I'd laugh over the phone, via email, etc.
Quote:
Originally Posted by Lovehound
Keep in mind this is not a 1BR apartment, it's a 3BR 3BA approx. 1,600 sq.ft. luxury house.
I don't care if it's the Taj Mahal. If I leave the place in a pristine condition, I shouldn't have to pay a fee.
Quote:
Originally Posted by Lovehound
Next tenant will complain like hell if entire house is not spick 'n span and totally spotless without a speck of dust.
And? Landlords complain like hell if the entire house isn't absolute perfection when the tenant leaves as well. It goes both ways.
Quote:
Originally Posted by Lovehound
It generally costs me about that amount to do an entire cleaning of the house and I don't clean it myself, I hire professionals. That's even after my usual tenants clean it themselves. They just want to move, they are picky when they rent and sloppy when they want to leave.
If you've charged them a frickin $400 NON-REFUNDABLE cleaning fee (and that's on top of them having to pay to clean the carpet), why SHOULD they be anything but sloppy? They've already paid for the cleaning, so why bother doing anything above getting all the trash out?
I have a $400 non-refundable cleaning fee, and a lease clause that requires tenant to have the carpets professionally cleaned before termination of occupancy. (Arizona)
Dude..... That's just wrong, whether it is legal or not.
__________________
When I post in bold red that is moderator action and, per the TOS, can only be discussed through Direct Message.
Moderator - Diabetes and Kentucky (including Lexington & Louisville)
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I think that's a ripoff and personally I would laugh in a LLs face if they told me I had to pay a ridiculous fee like that.
