We did the walk through in our apartment when we moved and the ditzy manager said it looked great...just $90 to clean the carpet and $10 to patch a couple of holes from hanging pictures.
We had moved out before the 1st...but had the walk through later because the manager was having surgery. I had done more cleaning in the interim.
When we got the refund check, there was an additional $100 deducted for apartment cleaning.
I went to speak to the manager...she acted as if she remembered none of our previous conversations. I told her it seemed unfair when she had assured me it would be a $100 deduction and no more.
As it ended...she was extremely nasty...and virtually through me out of the office. I'm not sure what legal legs I have to stand on...but I'd sure like to make her life miserable. Any suggestions?
2006-08-04 12:31:31 · 12 answers · asked by Cheryl S 2 in Business & Finance ➔ Renting & Real Estate
If you have the time and the energy, for the cost of a filing fee, you can haul Cruella DeVille into small claims court. (I differ with the opinion of the above answerer-Cruella can act as agent for her company)
You would be amazed how helpful the people can be at the clerk's office of the courhouse. They will give you the documents to file, and proper instructions. Bring a copy of your lease, and see if you can get some pointers on the best approach.
My gut tells me that if you have your day in court; and you are brief, accurate, to the point and unemotional, Cruella will show her hiney and the judge will rule in your favor. You might want to gather notarized testimony from previous tennants who have had similar experiences with Ms. DeVille.
If nothing else, you will get a flavor of how our legal system works, and why we are the greatest country in the world.
2006-08-04 12:52:10 · answer #1 · answered by Elwood Blues 6 · 0⤊ 0⤋
I had a simular situation and went to small claims. Surprisingly the judge knew the landlord well from prior tenants complaints and granted me the full amount. Try to find out if the landlord has done this before. Also did your original contract state that you had to pay for carpet cleaning? If not, definetly get this back too. I am now a landlord and I always give full deposits back when the property is left in decent shape.
2006-08-04 13:01:04 · answer #2 · answered by weswe 5 · 0⤊ 0⤋
Old saying, always get it in writ ting. Did she give you an itemized deduction with the refund ck. Otherwise, you may have some re courses and may sees an attorney. For $ 100. HUM. Even small claims will cost you. Sometimes principles are more expensive and just forgiveness. Just write a letter saying that if she really need that extra 100 dollars that will donate it to her cause. and may GOD BLESS YOU
2006-08-04 12:39:52 · answer #3 · answered by Rafael R 2 · 0⤊ 0⤋
Unless standard cleaning charges are stated in the lease, the items that you have named are considered normal wear when it comes to rental property in most states.
I do have some properties where it is plainly stated that the deposit is 250 and 150 will be kept for cleaning, meaning that only 100 is returnable.
This would have to be stated in the lease or your deposit is exactly that. A amount of money set aside to cover damages above and beyond normal wear and the terms of the said lease.
2006-08-04 15:55:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Take the company to small claims court.
You agreed on a certain amount, and she should have stuck to it.
Also, carpet cleaning is considered normal wear & tear. File for the entire $200
Companies cannot be represented in court (even small claims) by individuals. They must hire an attorney, which will cost them several hundred dollars. It will be cheaper for them to settle with you.
2006-08-04 12:52:00 · answer #5 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
IF you have the original deal on paper, you would be able to prove it, if not, you will know for next time to get it in writing, there is no way to prove it. But, I do know that landlords can not deduct amounts without itemizing them in detail, in writing, and it has to be within 28 days of you moving out.
2006-08-04 12:42:09 · answer #6 · answered by Jeff M 5 · 0⤊ 0⤋
Unfortunately, unless you have it in writing, there's not much you can do to get your money.
Legally, you can tell your story as often as you like, and depending what country you are in you can use the name of her business and specify the address as long as you publish only verifiable facts of public record.
If she doesn't specify the withholding on the original lease (many landlords forget to do this!), you can also sue in small claims court for your security deposit and damages for the lost time in recovering it. Without written details of the withholding the court will always settle in your favour.
Good luck!
2006-08-04 12:40:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I like the send a get well card answer....
unless you have anything in writting you have no legal legs to stand on. learn from this situation... next time have them write it down on the move out form.
2006-08-04 12:41:58 · answer #8 · answered by This is harder than it looks? 6 · 0⤊ 0⤋
It is a you said/she said situation. You can take the property owner to small claims court, but there is no way you to prove what happened behind closed doors.
Move on & chalk it up to a life lesson.
2006-08-04 12:39:20 · answer #9 · answered by Homer J. Simpson 6 · 0⤊ 0⤋
too bad you didnt get the original estimate in writing probably not much you can do now...this happens frequently
2006-08-04 12:37:14 · answer #10 · answered by Anonymous · 0⤊ 0⤋