Is it legal?

Question

Is it legal for an apartment complex to charge you for shampooing the carpet (it does not state you have to do it in the lease), cleaning the apartment and painting the apartment when you move out?

My husband and I moved out of an apartment complex and they deducted these charges from our security deposit. When we left the apartment, I made sure it was clean - vaccuumed, cleaned the appliances/counters, and was on my hands and knees scrubbing the floors. (I'm also 3 months pregnant and shouldn't have been inhaling the fumes of the cleaners, but it had to be done.)

Now this is an apartment complex that brings in a minimum of $78000 a month just from the complex we lived at, and to my knowledge, they go in and clean and repaint between tenants every time, so why do I have to pay for this?!

Any advice is appreciated. This complex is in Toledo, Ohio.

Serious answers only - my blood pressure can't take smart asses.

We did not have any pets - it was just my husband and i living there.

They charged us $207 for the 3 things I listed.

Answer 1

It sure don't sound right to me but hey what do I know to avoid an issue with your blood pressure here are the links you need to get your answers at
STATE’S WEB SITE: http://www.ohio.gov/
LANDLORD TENANT ACT: http://www.ohiolegalservices.org/OSLSA/PublicWeb/Library/Index/1690000/1630100/index_html
Ohio Bar Association article on Landlord Tenant Issues: http://www.ohiobar.org/pub/lycu/index.asp?articleid=407
United Way site on Cleveland Renter assistance and Landlord Tenant Issues:
http://www.housingcleveland.org/housing_support_programs/eviction.htm
Small claims court brochure: http://www.ag.state.oh.us/citizen/pubs/smallclaimscourtWEB.pdfState Bar Association: http://www.ohiobar.org/
Wish you and the hubby the best on the new addition
Buena Suerte

Answer 2

A quick web search brought up abuncha junk, this one looked kinda right.
TENANT ISSUES

Security Deposits -- Ohio's Landlord-Tenant law establishes a detailed procedure concerning the return of security deposits. The Court of Appeals in Cincinnati has outlined some of the dangers when a landlord does not meet all of the requirements with precision. Nolan v. Sutton, 97 Ohio App. 3d 616 (Ham. Co. 1994).

In this case, the tenant sued the landlord for retaining her security deposit. The landlord had kept $40 of the $460 security deposit. The landlord sent $420 to the tenant, along with a "transmittal" form showing that $40 had been withheld for "cleaning." After the tenant sued, the trial court ordered the landlord to pay $80 in double damages and $500 in attorney fees to the tenant. The Appeals Court upheld the award.

Under the Landlord-Tenant law, deductions can be made to a security deposit for (a) noncompliance with a tenant's statutory obligations, and (b) noncompliance with the lease requirements. Any security deposit deduction must be itemized. If the landlord does not comply with the statute's requirements, double the amount wrongfully withheld can be awarded to the tenant, plus reasonable attorney fees. Section 5321.16, Ohio Revised Code. In this case, the Court held that the itemization of "$40-cleaning" was not sufficient to meet the landlord's obligation. (The sufficiency of the itemization is determined as of the time it is sent, and not on the basis of any later clarification.) The reason that this itemization was insufficient was that it did not differentiate between cleaning due to ordinary wear and tear (for which the tenant had no obligation) and something extraordinary.
http://tenant.net/Other_Areas/Ohio/landlord.html
I am not an attorney, and that is Lima, so it takes some research at your local area as it is a state by state issue.
Disclaimer at the top says:
The Ohio Landlord-Tenant Law defines the legal duties, rights and remedies for all tenants and landlords. Neither party can legally give up their rights guaranteed by the law.

This document is not a legal analysis of the law. Tenants and Landlords (only if you are residents of Allen County or the City of Lima) are advised to contact the Lima Municipal Court, 221-5250, if they believe the law has been violated.
Here is another one,
Information on the rights and duties of landlords and tenants is provided to Lakewood residents by the City of Lakewood, through a contract with the Cleveland Tenants Organization. For more information, call CTO at [phone]. Persons having questions in regard to discrimination in housing may notify Lindy Burt, Grants Coordinator for the City of Lakewood at [phone].
http://www.ci.lakewood.oh.us/law_tenantlaw.html
I do not know which County it is, as I said, it is a state by state and sometimes County or City thing.
I could not possibly give an answer without seeing the Rental Agreement or Lease or whatever documents that you or your representatives agreed to.
If Clean Up Charges, or some legal wording to that effect are not on the Lease Agreement, I cannot see where you could be charged for them, legally.
Tort and stuff is tricky law that should only be handled by trusted attorneys at or of law in the area where the law applies and by them that have experience in that particular area.
I ain't a Lawyer, but I have a mind. I use it, sparingly. Forget how much this or that apartment complex charges for this or that whatever, stick with the facts.
Forget the 3months pregnant, and fumes. If you knowingly injured yourself by fault or by design, has no affect on the Money Spent or Mishandled by anyone.
I understand the frustration, that is a pretty cheesy way to make coins. You should calm yourself, angered minds do not think clearly. Do not be mad at the landlord. Do not be mad at anybody. Think rationally and with a clear objective, write down all of the relevant data that you feel needs to be heard, take that to an Attorney and seek assistance in handling of any case that may or may not be applicable under the law.
Have a super dooper day!

Answer 3

I don't know what the laws are in Ohio, but I am a Property Manager in Nebraska. We do subtract cleaning costs from the deposit, including paint and carpet cleaning...but not if the unit appears to be freshly painted or had the carpets shampooed by the tenant. Very few tenants here shampoo the carpets when they move, so that is the most frequently deducted thing in my experience. If the unit appears spotless then we dont need to waste more money by cleaning/painting when its already been done, but our company makes sure all carpets are shampooed between tenants, no exceptions.

Answer 4

In Texas, it is stated in the lease that you will be charged for cleaning and whatnot if you don't do it. Every apartment I have worked in does a standard carpet cleaning, painting, and apartment cleaning for free. It is only what we have to do above and beyond that, that we charge for. But some apts are jerks, and aren't as nice as others. Also, at the beginning of your lease you should have filled out a move-in inventory that states what was wrong with the apartment when you moved in. If you have that, or can get a copy, and can show that what you did was just living, they should refund you the full amount. If you did not fill one out, you let them know everything was perfect...at least that's how we do it in Texas.

Answer 5

I used to be a landlord. Landlords cannot deduct for ordinary wear and tear. However, your landlord's opinion of ordinary wear and tear may differ from yours.

If the walls were soiled enough after a one year lease to require painting, that's not ordinary wear and tear in my book. If you had been there for 5 years it probably would be. However, if the landlord simply repaints between tenants as standard practice (I did) that isn't in and of itself chargeable to the tenant. The condition of the paint and the length of the tenancy are what matter.

Regular vacuuming is necessary, but so is periodic shampooing. If you never shampooed the carpet while you were there then it's reasonable to be charged for that at move-out.

When you move in or out of a rented home, you should ALWAYS perform a joint inspection with the landlord or their representative. You should document any deficiencies at move-in so that you cannot be held responsible for them at move-out. During the move-out inspection, they should identify anything that they feel to be more than ordinary wear and tear. If they then attempt to charge you for anything else, you have solid proof of the condition of the unit.

If you don't perform the joint inspections you don't have much legal leg to stand on if there is disagreement with the landlord later. Although you could sue in Small Claims Court, if you don't have any evidence to present aside from your testimony it's not likely that you will prevail.

I always required the move-in and move-out inspections with my tenants. They got the keys when we did the joint move-in inspection. No inspection meant no keys. My property manager or I were always on hand for the move-out inspection and rent continued to accure until the tenant showed up for the inspection OR they waived the inspection and agreed in writing to accept my list of deductions as final and correct. They were given an opportunity to either clear the problems themselves or pay through deduction from their security deposit.

Landlord and tenants both need to treat the relationship as the business that it is. If they do, disagreements are rare.

Answer 6

There are different laws regarding security deposits and cleaning fees in different states.Might be a good idea to contact your local housing authority. If you have lived in the apartment longer than 3 years it's regarded as normal wear and tear and it's the apartment complex's responsibility to paint and clean-no charge to you.That's the law in almost every state.Did they actually paint and shampoo? Some complexes are known just to spray some freshener and charge the tenants for cleaning and painting. good luck.

Answer 7

Of course it is legal. However, you might have a very good case against them that you do not owe it. Security deposits do not cover 'normal wear and tear.' If you can show that there was only normal wear and tear, they will be required to return the security deposit.

I would send them a certified letter stating there was only normal wear and tear and demanding the whole deposit. If they don't return it, follow up with a call to the manager stating your intention to go to small claims court. If they are still stubborn consider a small claims case. They are cheap an relatively easy. Your claim to the court should be they never showed undue wear and use, only normal wear. You should also show that they routinely clean and paint between tenants.

How much they make has nothing to do with anything. Being rich or making money isn't a crime, yet.

Answer 8

My understanding is that part of the deposit can be used for cleaning. I got hit for some cigarette burns that were in my carpet when I moved in (I don't smoke).

I guess they have a standard practice of cleaning between tenants, even though you left a clean place.

I think you shouldn't have to pay for this - you left ordinary wear and tear. Proving this is tough unless you have pictures of how you left the apartment.

I don't know what to tell you. I'm not sure how you can recover monies from the management.

Answer 9

This is not a smart assed answer, but its one you're not going to like.

You're pregnant, and thus hormonal, and I'll wager your husband has been taking extra care of you. You have a bit of an entitlement complex. Security deposits on apartments are crap shoots, this is common knowledge. The complex may bring $78000 a month, but that's no reflection on how much it costs to run the complex. Bringing in $78000 a month is jack crap if it costs $70000 a month to run it.

You think you have a case? Get a lawyer, but if you only want to hear what you want to hear, then I think you'll find every lawyer you speak to will be a "smart ***" as well.

Answer 10

Well, I know that they do repaint after you move out...but they should not charge you for that. If they should charge you it should have been for your stove or cabinets or something like that. if they were messed up) The only advice I can give you is to sue. You can sue for your security deposit back and pain and suffering since you are pregnant. And did they take your whole security deposit. If so, that was another bad mistake they made, esp. if their explanation was just the paint.