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-   -   Asking for Deposit plus Charges with wrong rent but no move in sheet (https://www.askmehelpdesk.com/showthread.php?t=107836)

  • Jul 8, 2007, 08:57 AM
    perplexed07
    Asking for Deposit plus Charges with wrong rent but no move in sheet
    I subleased the apt without a move in sheet, although I did point out the blackness in the tub to the original tenant, who had a professional clean the tub. The maid said the stain was not removable. The sublease ended. Before it ended, I went to the complex and asked how much I would owe to go month to month. They verbally stated $856. I paid that for the next 4 months. I then gave written notice to vacate, using their form, which included my prorated rent for the last month, and the rep's signature. I then received a notice in the mail stating that I owed the complex for back-rent based on a monthly rent of $885, which they claim to be market rate, an additional $29 for which there is no explanation, plus cleaning charges for the bathtub and carpet. The deposit was $75. If they had taken the deposit, I would be fine, I am having a problem with the fact that they are charging me in addition to the deposit. I have proof of the rental rate, since their rep signed the form (although they are claiming that it was her mistake and she no longer works there). The problem is I do not have a move-in sheet, I only have the receipt from the maid. It has been one month since I moved out. I have attempted to talk to them, but they are not returning my phone calls. Can I sue for the deposit and the charges, or just the deposit? Can I sue for harassing me with rental charges that, in my opinion, were pulled out of the air, and not those that were agreed upon?

    Thanks for your help!

    Austin, Texas
  • Jul 8, 2007, 09:45 AM
    NowWhat
    If you have something signed by a representative of theirs that states the rent - then I would not pay that. The fact that they accepted the rent each month says that they were okay with the rate. Normally, companies will not take partial rent. If they don't like the amount - they would have sent the entire amount back. So, that part of it, I would not worry about.
    The deposit/cleaning charge - without a move-in inspection form - they could charge you for anything and everything. Even having the receipt from the maid, in my opinion, just says that you made the mess and were attempting to clean it up. Not saying that is what happened - but a judge could come to that conclussion.

    How much are they charging you - outside of the extra rent?
  • Jul 8, 2007, 10:05 AM
    perplexed07
    They are charging $60 for a chemical wash of the tub (isn't that exorbitant?) and $35 for heavy damage to carpet. I am a very clean, female professional, and there was absolutely no damage to the carpet. However, I did not steam clean it when I left, although I did vacuum, and with that, it was in better condition than given to me by original tenant. Nevertheless, if I take your advice, and let them deduct the security deposit and pay the remainder, how do I dispute the rental charges? I don't want it to go on my credit, because I am going to be signing other leases in the future... do I still need a court judgment? I am sure they will not write me a letter acknowledging receipt of payment or release of rental charges.
  • Jul 9, 2007, 11:19 AM
    NowWhat
    So, outside of the rent charges - and you take away the $75 you would owe $20. If you think the price is to high for the tub cleaning - ask to see the receipt - they shouldn't charge you more than what they paid.
    I would imagine that if this were to go on to your credit - it would go to a collection agency first. They will call you and try to arrange payment. So, you will know if it hits your credit.
    Have you talked to an attorney? To make sure all your bases are covered, call an attorney that offers a free consultation. See what your options are.
    As I said, I would not pay the extra rent. It is not your fault that their employee made a mistake. The fact that they accepted your rent each month says that they were fine with the terms.
    If all we are talking about (at the end of the day) is $20 - then I would pay it and move on.
  • Jul 9, 2007, 11:29 AM
    ScottGem
    $60 for a chemical cleaning of the tub doesn't sound exorbitant to me. But you can request receipts for the work done.

    I agree that you have documentation of the rent, so you don't owe anything more there.

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