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We just moved from a rental home we were living in for 3 years. We cleaned as much as we could with our time limit and schedule. I did let them know there was a little cleaning left. I even offered to come back some time that week and do some more cleaning. They wanted us to do it that day or would charge us. Well it was my birthday and I had been going nonstop for a week between moving, my job, and being a parent, and my husband works full time. They said they would charge us $300 for them to do it. I reminded them that we paid that same exact amount for the deposit and they could keep it, we wouldn't try to get it back. They said we didn't pay a deposit. Without even looking at our lease, I knew we paid them that amount because I remembered the situation back then and what happened where my dad spotted us that amount. They seem to have a bad memory or at least pretend to. They then said yes they remember that my dad did because we couldn't pay it. Then they say they still need to charge us a deposit (their words) with a message of 'trust me you did not pay a deposit'. I got all of that in writing by the way. I found the part in the lease that states we paid $300 before move in but it says it's non-refundable. I also can back track the transaction my father and I did for that amount at that time.
Was that a deposit that we paid? If not, then what else would it be? Can that money be used for any cleaning they do?
Need to know as soon as I can before they start sending a bill
What kind of deposit was it? Security deposit? Cleaning deposit -- AKA cleaning fee?
I never heard of a security fee that wasn't refundable. I never heard of a cleaning fee that was refundable. Or at least that's the way my leases read. Mine say "tenant must clean carpets and provide receipt at move out. $250 cleaning fee - non-refundable." Also note that house must be in same condition at move out as it was when moved in, and mine are impeccably clean. I would charge for any extra cleaning if it was significant.
So what is the language? I understand it is non-refundable. What kind of deposit does your lease say it was? If it says "cleaning" then you may be off the hook.
It is not unreasonable for landlord to require all terms be met on day of move out. Any time passes and landlord may be unable to collect. Also, landlord wants to show house and rent to new tenant. "Next week" is not compatible with that.
It would help if you quote that lease section in your reply.
What kind of deposit was it? Security deposit? Cleaning deposit -- AKA cleaning fee?
I never heard of a security fee that wasn't refundable. I never heard of a cleaning fee that was refundable. Or at least that's the way my leases read. Mine say "tenant must clean carpets and provide receipt at move out. $250 cleaning fee - non-refundable." Also note that house must be in same condition at move out as it was when moved in, and mine are impeccably clean. I would charge for any extra cleaning if it was significant.
So what is the language? I understand it is non-refundable. What kind of deposit does your lease say it was? If it says "cleaning" then you may be off the hook.
It is not unreasonable for landlord to require all terms be met on day of move out. Any time passes and landlord may be unable to collect. Also, landlord wants to show house and rent to new tenant. "Next week" is not compatible with that.
It would help if you quote that lease section in your reply.
This is what is says on lease under additional terms and conditions: Non-refundable $300.00 on day of entry.
That is exactly what it says verbatim, I quoted it exactly as is.
I wish is was more clear because it does not help, and maybe that was what their intention was. I have gone through the whole thing and it does not refer to cleaning, just repairs and alterations.
Many states don't allow non refundable security deposits.
if it was holding money than it is different but they way we do it is that at first it is holding money and not refundable but upon move in it will become a regular security deposit.
It seems they don't even know what they charged.
Since everything was done so unclear it is just as unclear if the cleaning money can be the non refundable security deposit and therefore it is hard to answer your question.
You'll find your state landlord tenant laws linked in the first "sticky" on this forum and should read what they say about deposits. Some states don't allow non-refundable deposits and all states mandate procedures a LL must follow in returning security deposits. Do your homework, there's no rush at this point.
Well it says the $250 is not refundable so it's not refundable. You aren't going to get it back. -- EDIT: subject to what the two posts above mine said. And what kind of deposit is it anyway? It doesn't say! So is it security deposit? Cleaning deposit? Radioactive waste disposal deposit? Who knows?
Depending on any language in the rental contract regarding your obligations to clean the property, read that part to see if you have any responsibility. Quote it if you want some help, I'm not a lawyer but I'm good at contracts.
And since move out was June 30th, I presume you are out, so going back and fixing it is too late. I presume you no longer have keys or access.
Whether the landlord can charge you $300 depends on what language was in the contract regarding your obligations to clean after moving.
Actually he can charge you anything he wants. The question is whether he can make it stick, and the only way he can do that now is either you volunteer to pay it or see if he sues you in small claims court. Again, read the language in the contract regarding your obligation to clean after move out.
And finally, he can't just traipse into court and say "They owe me $300 because they left a dirty apartment" and expect to win his case. First of all, he has to document what your apartment looked like after you moved out. Then he has to provide receipts for the cleaning it required, and the amount of the receipts is all he can collect even if he is in the right.
Finally, you missed a good bet. You should have shot your apartment with your smart phone, both stills and video, before you moved out. Even better if you shot it before you moved in too.
So I'd love to see what your contract says about your obligations to clean it. Meanwhile I think your best bet is to not leave a forwarding address, don't answer his calls, don't pay the money, and hope he gives up and goes away.
Pay them for the cleaning and move on. Many states allow an admin fee or whatever as long as it is clearly labeled non-refundable. And without a security deposit as appears the case here I expect you are done for in small claims court.
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