I left my appartment in near perfect condition and better than how it was when I moved in, yet I am being charged cleaning fees after I moved out because I didn't hire a proffessional cleaner. According to the apartment complex if you dont hire a cleaner yourself it is beyond normal wear and tear. This doesn't sound legal to me. Does anyone know what the phrase means under the law?
2007-11-30 05:08:15 · 8 answers · asked by knmardix 3 in Business & Finance ➔ Renting & Real Estate
you will not to be able to find a clear cut definition of normal wear and tear, you can find examples say dirt on carpet normal but cigarette burn not normal wear and tear
In my opinion the requirement that you are incapable of cleaning the place seems a little out there, plus to make it absolute to hire a cleaning company
Now the main issue, what to do about the charge, if you have adequate proof of the condition you left the unit, and feel it was cleaned then you will have to file in small claims to collect
2007-11-30 05:16:18 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
It means wear that would be reasonably expected to occur from occupying the premises for the duration of the occupancy.
If you returned the apartment in the same condition as it was when you moved in, then they should not be charging you a dime. Unless, as others have pointed out, you agreed, at the time you signed the lease, that you would pay a cleaning fee at the end of your tenancy. They cannot charge you a cleaning fee after the fact.
I love the post above, where an apartment complex charged $45 for cleaning a sink. Hilarious! An apartment management company tried the same thing with me. They withheld $20 for sweeping the 10x5 kitchen floor, $30 for cleaning the bathtub, $25 for defrosting the refrigerator (it was defrosted... they claimed that there were still a few drops of water), and some other ludicrous charges. I sued them. In my complaint, I admitted that there may have been a few specks of dust on the floor, maybe some slight condensation in the freezer, but the charges were way more than what would be considered reasonable. Guess what? I got back every penny, plus an additional $50 "punitive" damages.
2007-11-30 05:53:06 · answer #2 · answered by Mr Placid 7 · 0⤊ 0⤋
"normal wear and tear" means average. Beyond "normal wear and tear" means worse than average.
There is probably a clause in your lease that says something about having to use a professional cleaner when you move out or will otherwise get charged. As long as it's in the agreement, and you signed it, then no it isn't illegal. My advice would be to read over your copy of the lease to make sure it's in there. If it is then you just learned a life lesson that you have to fully read anything before you sign it (even the small print). If it's not in there, then you should discuss the charges with the rental office.
2007-11-30 05:18:12 · answer #3 · answered by mystified_0ne 4 · 1⤊ 0⤋
"Normal wear and tear' commonly means that only that type of wear or damage which cannot be avoided by normal usage, such as walking on carpets causing the fibers to become worn. Another example would be countertops which simply become dull and worn from daily usage and cleaning. However, a knife cut in a countertop isn't normal wear and tear.
Many complexes require a thorough cleaning of the carpets when you vacate, since that is probably the way they were when you took occupancy.
Sandie (above) is lucky that I'm not her landlord. I DO file in court for any unpaid charges and assessments. Just my standard practice, and I have yet to lose a suit.
2007-11-30 05:50:27 · answer #4 · answered by acermill 7 · 1⤊ 0⤋
It depends on how much you are being charged. As a landlord, we have a stipulation that no matter how the apartment is left....there is a charged cleaning fee against the deposited Security Deposit. I would never think of hiring a professional cleaning crew or expect a tenant to do it either. Normal wear and tear to me would be dings in the walls, scraped paint. I would not accept, broken windows, doors, LARGE holes in the walls, ripped up flooring...things on that scale. I am sure there is a legal term someplace. I have looked in my "Tenant's Rights Guide" and I do not find that term addressed.
2007-11-30 05:21:19 · answer #5 · answered by Grandma of 2 5 · 0⤊ 0⤋
This Site Might Help You.
RE:
What does "normal wear and tear" actually mean?
I left my appartment in near perfect condition and better than how it was when I moved in, yet I am being charged cleaning fees after I moved out because I didn't hire a proffessional cleaner. According to the apartment complex if you dont hire a cleaner yourself it is beyond normal wear and...
2015-08-18 22:02:06 · answer #6 · answered by Carlene 1 · 0⤊ 0⤋
It depends on what state you live in. I know in washington state that if you make an "attempt" to clean that we can't charge for anything. But that doesn't mean you can wipe the countertop and then leave the fridge dirty (get what i'm saying)... so i would check the local landlord tenant law. I always tell people to take pictures. It is their responsibility to provide the apartment in a sterile/clean environment for the next tenant not you. It's your responsibility to return the unit in the same condition as you received it.
2007-11-30 07:27:44 · answer #7 · answered by heartbreaker6713 3 · 0⤊ 0⤋
I have delt with this befor, You need to read your lease very carfull befor you sign it and ask lots of questions. from my experiance Most people lose around half, if not all of there deposit to appartment complexes that us a management company.
When i moved out of my last place they charged me $45 to clean the kitchen because i wased my hands in the sink right befor i left, and there was a drop of water in the bottom. The sink was clean though.
I have also found that some complex change the carpet every year weather the carpet is good of bad. Hey we are the ones paying for it so why wouldent they.
Ask lots of questions when you move in, what ever the charge you is what a court is going to say that you owe!
2007-11-30 05:15:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I've been renting for almost 40 years now, apartments and houses, and I have never received my full deposit back .
They always fine something to charge you with regardless whether it's legal or not, but who has the money to argue with them about it.
My last 2 places, well, I just claimed my rent was going to be late and moved half-way through the month. Let them keep all of the deposit!
PS They could file in court for the rent, but they don't want to spend the money for that either.
2007-11-30 05:27:06 · answer #9 · answered by Sandie B 5 · 0⤊ 0⤋
If you've rolled in the mud or pitted out the arm pits... forget it, they won't take it back.
2007-11-30 05:15:50 · answer #10 · answered by Anonymous · 0⤊ 1⤋