What does "normal wear and tear" actually mean legally?

Question

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?

Answer 1

It means, how they screw you out of money! lol. Good luck!

Answer 2

If it's a managed complex, they are probably required to have the apartment professionally cleaned to ensure it is properly disinfected and decontaminated (harsh word, but you get the idea). The reason being they need to have someone they can hold accountable in case they were sued for not having things properly cleaned.

I would assume that if you read the lease you signed when you moved in, this condition would be clearly spelled out.

Normal wear and tear would mean things like not charging you for painting if you've lived there longer than a certain amount of time - the old apartment I moved out of a little over 2 years ago gave you a credit of $5 (? amount) per month and since I had lived there for 5+ years they was a credit of $300+ toward painting. The same would apply for carpets and other things. These do have to replaced every so often, but you can't be held responsible if it's just "normal wear and tear".

Answer 3

If the carpet is worn because you've been walking on it, that's normal wear and tear. If it's dirty because you didn't get a cleaner in, that isn't.

If the lease doesn't 'require' that you get in a professional cleaner when you leave, then the complex can't make it a requirement later.

If you don't think the cleaning fee was justified, and the apartment stops the fee out of your security deposit, then you can sue them in small claims court to get it back.

I hope you took pictures when you moved out. If you didn't, it'll be your word against that of the apartment manager, probably backed up by the words of a cleaning company rep (who wants to protect his contract with the complex!)

Richard

Answer 4

my guess is that there was something in the lease you signed that required a professional cleaning. "Normal wear and tear" would only apply if it is stated that way in the terms of the lease.

If the appartment was left as you said "in near perfect condition" then my guess is that your lease stated something particular relating to a professional cleaning. This is most likely a fairly common clause in a contract since most renters want to move into a place that has been professionally cleaned.

My advice is to check your lease. Chances are you will find that somewhere in the lease you signed, there is a clause saying that the apartment must be professionally cleanned upon move out. If not, then you might have a case worth looking into.

Answer 5

It means just what it sounds like, and I'm pretty sure that you're right, hiring a professional cleaner shouldn't disqualify you for your deposit back. Go back and read the lease you signed when you moved in, and if it doesn't say "you need to hire a pro to clean your apartment when you leave or you won't get your full deposit back," then they can't do that, and you should complain to the management. If that doesn't work, you can sue them in small claims court because it wasn't a part of your lease agreement. Of course, if it IS in the lease, then you're out of luck.

Answer 6

that's bs. you can clean it just as well as anyone. they're saying that so that you think you're going to have to pay money anyway and why not just let them keep the deposit. 'wear and tear' refers to the natural deterioration of the apartment over time. so if you wear down the carpet, for example, to the extent that they have to repair or replace it, then it would come out of that. it would also include a pigsty that needs to be cleaned. but i bet your lease says NOTHING about having to hire professional aid to avoid wear and tear!

btw, you can rest assured they won't be hiring any "professionals" to do the job (who'd be some maid service anyway). they'll have some on site maintenance guy go in there and do what you, or a maid, can do. that's ridiculous.

Answer 7

Yeah, he's full of crap. It depends on the state, but in my state "normal wear and tear" means exactly what it sounds like- the normal amount of wear you'd expect to see on a carpet/walls after x number of years. I lived in my apartment for 2 years. There were a few small stains on the carpet, and the walls had some tack holes where I'd hung paintings. That's normal wear and tear- they're reasonable damages to expect after two years of living in a place. Now, if there were burns in the carpet, or excessive staining, or large holes in the walls? That's excessive.

It sounds to me like he's trying to scam you out of your deposit- I'd fight that. No state that I know of requires you to hire professional cleaners to avoid having deposits taken. He has to provide you a list of the damages and why he charged you (up here). It's worth looking into.

Answer 8

Most landlords simply assume that the cleaning deposit is theirs to use to get the place ready for the next tenant. I have very often had trouble getting back my cleaning deposit. Lots of cities now have strict laws about that because there have been so many problems.

You might look up to see if there are any 'tenants' rights' groups in your area. They will know just what to do, because I'm sure this is a problem they see all the time.

Answer 9

It depends on how the phrase is used, and what kind of document it is used for,nominally it means the amount of deterioration caused by normal use, as determined by the expected life of the product,assuming continuous use,in the manner for which it was designed.This applys to Damages caused to real property.not dirt.

Answer 10

The normal deterioration of something due to use. It is that simple.