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My landlord has given me back $300 out of $1450 of my security deposit. She has provided an itemized letter with the deductions. One bill was for Molly Maid service which was for 7 hours for 2 people to clean windows, baseboards and blinds for $530. The other was for Stanley Steemer for cleaning tile grout for $320. I called both places and asked them what exactly was done and both companies said that only an estimate was done. No work was completed. So she is taking out money from the security deposit even though none of the work was done. Is this something that can be fought in small claims court?
Since both companies are franchises the landlord may have use another provider. Also, I don't think a reputable business would be giving out customer information to a random stranger.
That seems a bit steep and could be considered normal wear and tear. How long were you in the apartment/house? Also, did you take pictures when you moved in and again when you left? Some LLs will take deductions for extreme cleaning even after just one year occupancy. It makes it difficult for LLs who are honest and make reasonable deductions.
If you think you left the residence in comparable condition to when you rented it, take it to small claims and ask for filing charges with the excessive charges. If you can afford the filing costs and are willing to lose. It's kinda 50/50. I doubt the LL has pictures....prove it was that dirty.
I was there for 4 years and I already paid someone to clean the entire place and had the floors done twice by a company. The first time was so it would look good when she showed the place and then did it again once we had everything moved out. The house was left in better condition that when we moved in. The thing that really irritates me is the landlord is saying she paid these two companies and is taking it out of my deposit when the work was never done. Both of the so called invoices she provided are both estimates. I have some pictures.
It depends upon which state you live in. In Oregon, the landlord can charge for damage and then not do the repair. It can easily take 2 people 7 hours to clean a rental. Going over the surface of a clean house doesn't take too long, but if there is dirt that needs scrubbing, it takes time and it costs lot if you have to pay someone else to do it. There is always an extra charge for windows and a really high extra charge for cleaning an oven.
Cleaning blinds isn't cheap or easy. Did you keep them dusted like you should have so they didn't need cleaning?
I'd be upset if any business I used gave any information about my account to anyone who thought to call and ask. Your landlord should be able to give you copies of the receipts, if you ask in writing.
It's possible that the cleaning could not be done in the time frame allowed to return your deposit so an estimate was used for the deduction. I've done that before: had to paint or do some time consuming project before the carpets were cleaned, so I deducted an estimate (and adjusted if I guessed too high)
It depends upon which state you live in. In Oregon, the landlord can charge for damage and then not do the repair. It can easily take 2 people 7 hours to clean a rental. Going over the surface of a clean house doesn't take too long, but if there is dirt that needs scrubbing, it takes time and it costs lot if you have to pay someone else to do it. There is always an extra charge for windows and a really high extra charge for cleaning an oven.
Cleaning blinds isn't cheap or easy. Did you keep them dusted like you should have so they didn't need cleaning?
I'd be upset if any business I used gave any information about my account to anyone who thought to call and ask. Your landlord should be able to give you copies of the receipts, if you ask in writing.
It's possible that the cleaning could not be done in the time frame allowed to return your deposit so an estimate was used for the deduction. I've done that before: had to paint or do some time consuming project before the carpets were cleaned, so I deducted an estimate (and adjusted if I guessed too high)
The landlord gave me copies of the receipts, which were nothing more than estimates and the new tenants moved in yesterday and the landlord still had 30 days to return the deposit so its not getting done later. I didnt expect to get the entire deposit back but I didnt expect to be gouged and lied to also. I didnt know the landlord can deduct money from the deposit for work that was never performed by a company they claimed did the work.
My landlord has given me back $300 out of $1450 of my security deposit. She has provided an itemized letter with the deductions. One bill was for Molly Maid service which was for 7 hours for 2 people to clean windows, baseboards and blinds for $530. The other was for Stanley Steemer for cleaning tile grout for $320. I called both places and asked them what exactly was done and both companies said that only an estimate was done. No work was completed. So she is taking out money from the security deposit even though none of the work was done. Is this something that can be fought in small claims court?
Did you leave the place filthy?
Tile grout is hard to clean and sometimes considered wear and tear.
Tile grout is hard to clean and sometimes considered wear and tear.
No I left the place in better condition than when I moved in. The landlord rented this house as having a fenced in yard but when the fence was damaged they didnt want to repair it and I later found out the entire back yard that is fenced in is city property and the landlord knows it. So this is the kind of person I am dealing with which is why I am questioning some of the deductions.
Of course it is worth fighting. Why not? You don't mention what state you reside in but look up your state's sec dep laws and what can be and can't be deducted. Most states don't allow deductions for normal wear and tear and it sounds like some of that is.
But also, if you have the receipts from the people/company you paid to clean the place twice then that is part of your defense on the cleaning part. Another defense would be the excessive amount charged for the cleaning. I doubt any judge will buy that one. Another defense would be that some of that cleaning plus the grout cleaning could be considered normal wear and tear. Unless they can prove that you somehow neglectfully ground a lot of dirt into it which could be considered more on the 'damage' side. And the final defense is that they provided estimates which are not proof that the work was actually completed.
I would start by sending a demand letter to the LL via certified mail (only). Ask them for paid receipts that all the cleaning was actually done and tell them that estimates are not proof of actual work done. (Do not mention anything about you contacting those service companies and were told the work was not done. You don't need to ever mention that. Just wait to see if they supply you with the actual bills from work completed). Also, attach copies (only) of your bills for the cleaning that you paid for.
Make sure to be specific on WHAT actual charges you are debating/questioning line by line on the itemization they sent you. Be very clear on everything and make sure to keep copies of everything you send them.
In summary, mention that you feel a lot of the items they are deducting would be considered normal wear and tear and should not be deducted from your sec dep and other charges you don't feel should have been done at all because you (based on receipts) already paid for those services. Ask that your full sec dep be returned to you within xx days (again, look up your state laws).
Read your state's sec deposit laws thoroughly and follow them to the letter. They should instruct what you need to do exactly to get your deposit back and some include sample letters and how to send them. Most states also frown highly on landlords charging bogus, false, inflated and illegal charges and tenants are many times awarded treble damages on the return of their deposit if sued in court. Wait until you get your response from your landlord to see what they say or whether they send the whole deposit back and if they send receipts, etc before you take the next step.
I was there for 4 years and I already paid someone to clean the entire place and had the floors done twice by a company. The first time was so it would look good when she showed the place and then did it again once we had everything moved out. The house was left in better condition that when we moved in. The thing that really irritates me is the landlord is saying she paid these two companies and is taking it out of my deposit when the work was never done. Both of the so called invoices she provided are both estimates. I have some pictures.
First of all, did you do a walk through with the LL so any deficiencies and charges could be pointed out? If you had the place professionally cleaned, you should have told her and showed her the receipts. You should ask her to show you the receipts that she paid and is charging you for, the estimates don't mean anything, you want to see paid invoices.
It does sound like she is charging you for work not actually done. I'm guessing she will re-rent the place as is and pocket your deposit. Not a trustworthy LL for sure.
Small Claims court is always an option, but once you have been there, you will find out it's usually more trouble than it's worth. You have to spend money to file, then take a day off work to appear. Once you get to court, the judge will send you to arbitration, meaning they will send you and the LL to another room and tell you to work it out yourselves. The want you to resolve the issue by compromise so as not to waste the courts time.
If you are unable to work out a compromise in arbitration, you go back to the judge, who will possibly then set another date for trial, which means another day off work. Sometimes they will try it the same day, but not always, depends on how full their schedule is.
Small Claims court is a no win situation, but sometime necessary. I would attempt to work out a compromise before becoming entangled in a hopeless Small Claims case. I've been there a few times and it can be very time consuming and frustrationg, it's not as simple as it seems by watching Judge Judy..
Good luck, sounds like you're dealing with a con artist.
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