According to my lease, I have to pay $495.81 cleaning fee and $850 security/cleaning deposit if I terminate my lease early. I am trying to avoid paying unfair charges.
Please, look at my letter to the landlord and correct if necessary. Thank you.



RE: STATEMENT OF DEPOSIT ACCOUNT

Dear landlord:

I object paying the amount of $1,370.81 to you for the following reasons:

1. $ 495.81 (apartment cleaning fee)
I moved out of the apartment on 11/20/2007. Before I left the apartment I cleaned it thoroughly, leaving it in the same condition as it was when I moved in. I have photographs of the apartment at time I moved out that clearly show that I left the apartment in excellent condition. During our living in the apartment we did not make any damages. In my telephone conversation with apartment manager, Charlie, I asked him not to charge me the cleaning fee, because I was going to clean the apartment myself. My impression was – he agreed with me. I followed my promise and cleaned the apartment perfectly. I was very surprised to find out that I still have to pay cleaning fee. You have no right to charge me for cleaning.

2. $ 850.00 (security/cleaning deposit)
I have lived in the apartment for almost 5 month (7/01/2007 – 11/20/2007) and paid monthly rent of $ 850 every month for 5 month including November. The November rent was paid with my $ 850 security deposit (last month payment).
I object paying additional $ 850 as early termination/cleaning fee, because the reason for early termination was a constant disturbance of quiet and peaceful environment, especially annoying at night. The neighbor’s dog across the street was constantly barking at night during time we lived in this apartment. I have a record of complains to the police and animal services department. The apartment manager ignored the problem, saying that it was not his property.
When I signed the lease, I was promised by the apartment manager a very quiet neighborhood. I agreed to pay $ 850 a month for a quiet and peaceful neighborhood, not for constant disturbance of my night’s sleep (I had to work in the morning). I think I was overcharged. It was too nice of me following my promise to pay monthly rent even the landlord representative was not honest or knowledgeable about the neighborhood in the beginning and misinformed me.
This is a reason why I object paying any charges in addition to what I have already paid.

If you try to sue me, I will file a counterclaim for the return of all rent I previously paid, plus my moving expenses, legal fees and court costs, due to your failure to provide me with quiet enjoyment of the property during the term of my lease and misinforming me by hiding the truth about disturbing neighbor.

You can give it a shot, but if you lease says you have to pay a cleaning fee when you break the lease, the fact that you left the apartment spotless means nothing. As far as the second charge, a barking dog on another property is NOT your landlord's fault, but by you moving out, he's being punished for it. Additionally, that's a fee for breaking the lease, which you have done, and which by signing the lease, you agreed to pay.

Send it, but don't be surprised if you get sued for the amount being asked for plus court costs. Also, depending on your state, your threat of legal fees won't hold up (almost never does in my state) and no sane judge is going to agree to make the landlord refund your moving expenses and all rent paid. Good luck, but to be honest, I'd be shocked if you get the result you are hoping for.