Outrageous Move-Out Fees from Shady Property Managers (rentals, eviction)

[Fnleach]

I moved to a month-to-month lease after my initial 6 month lease expired and gave the required 30 day notice. The entire complex is being renovated and the management company wasn't renewing any unit leases, so everyone had to vacate. As the units became empty, construction crews gutted the units, from the flooring, light fixtures, cabinets, to entire toilets, sinks and appliances-even closet rods and switch plate covers-everything. Some tenants left everything they couldn't move in a single vehicle out of fear of eviction, others left piles of garbage and smoke-filled units without any fees being assessed. I was taken to eviction court and my case was dismissed with prejudice because I was only given 6 days to vacate before being taken to court. I got everything out myself two days later, but left a couch I couldn't move solo, a desk the construction company wanted for a workbench and one box of trash I was too exhausted to move after it all. Knowing that my unit was going to be gutted as soon as I left, I didn't clean it well, but it was left in a better state overall than when I moved in, aside from the box and couch.
A few days later I looked at my online rent account and found that the management company had come up with over $950 of expenses related to my move-out . I wrote back, addressing each charge and why I wasn't responsible for them, admitting fault for the box of trash and couch. The manager reevaluated the charges and got rid of each, but added an additional cleaning fee that wasn't included on the original move out itemized list. I replied that I'd be happy to pay the cleaning fee once I recieve a copy of the receipt or other proof that the service had been rendered. It's been over a month and the manager said cleaning still hasn't been done (because it isn't going to be done because they're gutting the place) and is now threatening to take me to collections if I don't pay. Am I being unreasonable in asking for proof of a charge I'm being asked to pay? If I was charged for a steak at a restaurant but it never arrived, I wouldn't be paying for it. Why is this any different? Also, are there any ways to dispute charges once my case goes to collections? I've read the AZ tenant laws and haven't found anything that addresses my issues, maybe I am blind.

[hawk55732]

I dont know what the law says, but it seems common sense that you should be provided with a bill for the cleaning.

[AZ Manager]

Originally Posted by Fnleach

Am I being unreasonable in asking for proof of a charge I'm being asked to pay? If I was charged for a steak at a restaurant but it never arrived, I wouldn't be paying for it. Why is this any different? Also, are there any ways to dispute charges once my case goes to collections? I've read the AZ tenant laws and haven't found anything that addresses my issues, maybe I am blind.

There is no law that requires the service to be completed. In court all they have to prove is the service was needed, you admit it was needed, and the charge is reasonable for the service, an estimate is more that sufficient.

Pay it and move on with your life.

[hawk55732]

Originally Posted by AZ Manager

There is no law that requires the service to be completed. In court all they have to prove is the service was needed, you admit it was needed, and the charge is reasonable for the service, an estimate is more that sufficient.

Pay it and move on with your life.

So they can charge you for services that they dont even provide?

[virgode]

Agree original fee of $950 was outragous, however....

Removing a couch and trash comes under "cleaning fee", I would pay the fee and be done with this.

[AZ Manager]

Originally Posted by hawk55732

So they can charge you for services that they dont even provide?

The charge is for the damage, in this case an unclean place; they aren't providing a service to the tenant who has now vacated. What they are doing is collecting the costs required to make the owner "whole". This isn't you hiring a cleaning company and they charge you but don't come clean your house; that is a completely different thing where you are contracting them to provide you with a service.

If you burned a hole into carpet it needs to be replaced (prorated properly). If they don't replace it, happens a lot here, they can't go and charge the next tenant for that damage because it wasn't caused by them. The party that caused the damage is responsible for the cost to repair, no matter when the repair is made.

Another example would be dead turf, this is one I took to court and won over about 8 years ago or so. Tenant is responsible for landscaping maintenance, standard here for single family rentals, but the property is returned to the landlord with the grass completely dead. Instead of doing sod to replace the grass the owner decides to lay down gravel instead. The tenant still owes the landlord the cost to sod the space.

[virgode]

Originally Posted by AZ Manager

If you burned a hole into carpet it needs to be replaced (prorated properly). If they don't replace it, happens a lot here, they can't go and charge the next tenant for that damage because it wasn't caused by them. The party that caused the damage is responsible for the cost to repair, no matter when the repair is made.

Good point and true in normal move-outs. In OPs case and under circumstances mentioned should've been an exception. Imo, poor business ethics.

Management wasn't benevolent. Move-out charges dismissed in court knowing chances of a judge ruling in their favor slim to none.