Landlord's company requires PROFESSIONAL carpet cleaning after moveout (apartment, lease, tenant)
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I was renting in Denton tx and recently moved out. We left the house very clean and in the same shape it was in when we moved out aside from small things such as holes from picture frames etc. I used a carpet cleaner myself and the carpets looked great, no stains at all and were very clean.
However, when I spoke to the representative, he said that regardless of how the carpet looks, I must pay a professional and provide a receipt or pay a $250.00 fee. I checked and it's actually written into the lease that it is required and one must present a receipt or pay the $250.00 fee. I was under the impression that as long as any damage was not beyond normal wear and tear and the property was in the same condition as when I originally moved in, than this is what is acceptable.
I found a few links where other states said it is not enforceable to require professional carpet cleaning as a provision of the lease, but couldn't find one for Texas. Any insight into this? I've used the advice on these forums and was able to recoup my entire security deposit in court from a different landlord that was trying to abuse his position. Any insight would be greatly appreciated and I will continue searching this forum as well!
If it is in your lease that you must pay for a professional carpet cleaning, then you must pay for a professional carpet cleaning.
Those home carpet cleaners only clean the very surface. Carpet looks good but there is still dirt below the surface that will quickly reappear.
The rented do-it-yourself carpet cleaners actually damage carpet by leaving soap film in the carpet that attracts and holds dirt and wears on the carpet fibers.
So, unless you own a truck mounted steam carpet cleaner, you didn't actually clean the carpets, you just made the surface look good for a couple of weeks, (or even less)
There aren't very many states that do not allow for professional carpet cleaning requirement and if another state does that, it does not apply to Texas.
I understand where you guys are coming from, as I have seen many bad tenants who vacuum and expect to get their whole deposit back. In my case, the carpets already had small stains on them and were clearly not new. We took excellent care of the property and cleaned down to the little details, such as behind the refrigerator, the baseboards, etc. We were charged $2-5 for things such as tightening a towel rack or door knob. $250 for landscaping when it was professionally performed 3 days prior to move out.
I don't always expect my deposit back, but it seems clear to me the company is not honest and uses the security deposit as an extra means of income rather than to actually perform a repair. Regardless, I trust the advice of the members here. If writing the professional cleaning clause into the contract is enforceable in court then that is my error. I was under the impression that the property had to be returned to its state before I took over and anything beyond "normal wear and tear" was my responsibility.
I was hoping there were some laws about clauses in a lease that are basically punitive damage clauses, since the company is saying you will be forced to pay $250 regardless of what the condition of the carpet is when you leave. Thanks for all the advice thus far though, and if it's a lost cause, I'll take it as a lesson learned!
That's why you always read the lease before signing. Our current apartment had a similiar clause in the lease, we politely asked it to be taken out since we didn't have brand new carpet in our apartment. They agreed to take that section out of our lease, which I was surprised since they had a wait list and weren't hurting for renters.
You knew you needed to have it professionally cleaned and yet ignored that tidbit.....now you get pay for that professional clean.
Going forward read your lease and follow the terms and you shouldn't have these issues.
FYI: Cleaning your baseboards and behind the fridge is an expectation in daily/weekly cleaning...it's not considering 'going above and beyond' normal cleaning.
I understand where you guys are coming from, as I have seen many bad tenants who vacuum and expect to get their whole deposit back. In my case, the carpets already had small stains on them and were clearly not new. We took excellent care of the property and cleaned down to the little details, such as behind the refrigerator, the baseboards, etc. We were charged $2-5 for things such as tightening a towel rack or door knob. $250 for landscaping when it was professionally performed 3 days prior to move out.
I don't always expect my deposit back, but it seems clear to me the company is not honest and uses the security deposit as an extra means of income rather than to actually perform a repair. Regardless, I trust the advice of the members here. If writing the professional cleaning clause into the contract is enforceable in court then that is my error. I was under the impression that the property had to be returned to its state before I took over and anything beyond "normal wear and tear" was my responsibility.
I was hoping there were some laws about clauses in a lease that are basically punitive damage clauses, since the company is saying you will be forced to pay $250 regardless of what the condition of the carpet is when you leave. Thanks for all the advice thus far though, and if it's a lost cause, I'll take it as a lesson learned!
Below appears to be as thorough as the law gets for what you are looking for. You can always try a demand letter and see if it might get you anywhere but taking it beyond that is definitely a huge risk. The law is rather vague on your specific question and because they actually followed the law (below in bold) and you signed the lease with that clause for mandatory or non-refundable fees then again, it will be a tough fight in you state. You might want to either consult a tenant's union in your area or try to find some free legal entity that might find a loophole for you regarding the "leave premises as clean as when you rented them" clause but I sure wouldn't pay any money for any consult.
The Texas Property Code, §92.101 – §92.109, protects the right of renters regarding their security deposit. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. The law states that the landlord has 30 days after the tenant surrenders the premises to refund the security deposit. If the tenant fulfills the lease contract and leaves the unit in good condition except for normal wear and tear, the security deposit is always refundable; a tenant can never waive their right to a refund of the security deposit. However, the landlord can keep part of the deposit but only if the non-refundable portion has a different name, such as a “redecorating fee” or a “make-ready fee.” If the landlord retains all or part of a security deposit, the landlord is required to give to the tenant a written description and itemized list of all deductions providing the tenant meets certain conditions.
Unless the carpet is new I have carpets professionally cleaned before a tenant moves in. I expect the carpets to be professionally cleaned when they move out. If there are existing documented stains that's fine (there aren't as I replace carpet if it's stained) On average most dint clean the carpet. Some use the ugh Rug Doctor which does nithung more tha leave a bunch of soap and dirt in the carpet. People usually think more soap better cleaning.
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