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-   -   Charged for Normal Wear and Tear (https://www.askmehelpdesk.com/showthread.php?t=309617)

  • Jan 27, 2009, 08:42 PM
    nooneyouknow
    Charged for Normal Wear and Tear
    I've lived in my apt. for almost a year. I was told that I would be charged for cleaning the carpet, even though I already told my landlord that I would clean them before I moved. My landlord said they had a company that they wanted to use, so that charge would come out of my security deposit. My carpet isn't damaged nor is it very dirty at all, and I'm told about the charge before I even move out, though there isn't any "damage", and if there were, they wouldn't know YET because they haven't done a final walk through. Is my landlord allowed to charge me for cleaning carpet by a company THEY prefer, even though I have already cleaned it? Besides burns, stains, etc, wouldn't cleaning a fairly clean carpet be considered normal wear and tear? I think it's silly to tell me you're going to charge me because you have a company YOU want to use, though it isn't necessary.
  • Jan 28, 2009, 06:19 AM
    excon
    Hello n:

    A security DEPOSIT is just that. A cleaning FEE is something else. If your lease calls it a security DEPOSIT, then that means IF there's damage, they can keep it. If they don't call it a cleaning FEE in the lease, then you are entitled to ALL your deposit back..

    You may have to SUE your landlord to get it, though... Ok, that should only cost about $50 in small claims court, and if you win, you'll get that back too.

    excon
  • Jan 28, 2009, 09:15 AM
    JudyKayTee
    Quote:

    Originally Posted by nooneyouknow View Post
    I've lived in my apt. for almost a year. I was told that I would be charged for cleaning the carpet, even though I already told my landlord that I would clean them before I moved. My landlord said they had a company that they wanted to use, so that charge would come out of my security deposit. My carpet isn't damaged nor is it very dirty at all, and I'm told about the charge before I even move out, though there isn't any "damage", and if there were, they wouldn't know YET because they haven't done a final walk through. Is my landlord allowed to charge me for cleaning carpet by a company THEY prefer, even though I have already cleaned it? Besides burns, stains, etc, wouldn't cleaning a fairly clean carpet be considered normal wear and tear? I think it's silly to tell me you're going to charge me because you have a company YOU want to use, though it isn't necessary.


    Excon is right - it's either a security deposit against damage or it's a fee.

    As far as which carpet cleaner - that's at the discretion of the landlord. I allowed too many tenants to choose their own repair/cleaning people with totally inadequate results so I pick the companies.
  • Jan 28, 2009, 11:15 AM
    nooneyouknow
    I just think that if they want to pick the carpet cleaners, then they should have charged me a cleaning fee, not just take it out of my deposit.
  • Jan 28, 2009, 11:25 AM
    JudyKayTee
    Quote:

    Originally Posted by nooneyouknow View Post
    I just think that if they want to pick the carpet cleaners, then they should have charged me a cleaning fee, not just take it out of my deposit.



    I agree - in fact, everyone agrees. Carpet cleaning should not come out of the deposit money.

    I was referring to the landlord using a carpet cleaning service of his/her choosing, not the need to have the carpets cleaned.
  • Jan 28, 2009, 11:29 AM
    nooneyouknow
    Thank you for your help!
  • Jan 29, 2009, 01:52 AM
    Orange2008
    Quote:

    Originally Posted by JudyKayTee View Post
    excon is right - it's either a security deposit against damage or it's a fee.

    As far as which carpet cleaner - that's at the discretion of the landlord. I allowed too many tenants to choose their own repair/cleaning people with totally inadequate results so I pick the companies.

    What if carpet cleaning is listed in the Appendix of the lease along with other items going to be charged against the Security Deposit?
  • Jan 29, 2009, 06:35 AM
    JudyKayTee
    Quote:

    Originally Posted by Orange2008 View Post
    What if carpet cleaning is listed in the Appendix of the lease along with other items going to be charged against the Security Deposit?


    If the lease (which is a contract) states that carpet cleaning WILL/CAN be charged against the security deposit, then the landlord can (and probably will) subtract the cost from the deposit.

    By entering into the lease the tenant has agreed to the terms - including the carpet cleaning.
  • Feb 2, 2009, 12:59 AM
    nooneyouknow
    Quote:

    Originally Posted by JudyKayTee View Post
    If the lease (which is a contract) states that carpet cleaning WILL/CAN be charged against the security deposit, then the landlord can (and probably will) subtract the cost from the deposit.

    By entering into the lease the tenant has agreed to the terms - including the carpet cleaning.

    No, nothing was in the lease about carpet cleaning, cleaning fee, nothing was stated except damage being taken out of my deposit.
  • Feb 2, 2009, 06:26 AM
    JudyKayTee
    Quote:

    Originally Posted by nooneyouknow View Post
    No, nothing was in the lease about carpet cleaning, cleaning fee, nothing was stated except damage being taken out of my deposit.



    Then they CANNOT legally subtract those charges which, of course, are normal wear and tear/the cost of doing business.

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