Thursday, March 11, 2010

How to combat ex-landlord unfairly charging cleaning and painting fees?

I moved out of an apartment in July. As part of moving out, I had a cleaning service come in and clean all the rooms, with particular attention to the kitchen. Now, I've just received their sheet with a partial refund, but they are also charging the following:





$135 cleaning fee


$158 'damages' which appears to be a painting fee





The cleaning fee includes for general vacuuming and cleaning, then in the kitchen specific fees for the refrigerator and oven, which where in fact cleaned already the maid service I hired.





As for painting, the place needed paint when I got there, and I stated this on my move-in form. I shouldn't have to pay for the improvements they never provided for me.





I can get a receipt from the maid service I used, I have a copy of my original move-in form, and I have digital photos of the place I took when cleaning was done.





Do you think what I have will make them refund my money? What's my best approach?How to combat ex-landlord unfairly charging cleaning and painting fees?
I would send a copy of the receipt for cleaning to the landlord along with a letter stating that the charge for cleaning was unwarranted. If the letter he/she sent you only says ';damages'; and does not specifically list painting you should ask for a breakdown of the damages. If it does list painting then in this same letter I would state that the painting that needed to be done was needed prior to you moving in as listed on your move-in checklist. Ask that the monies be returned as they are unwarranted charges.





You may end up having to go to small claims court to settle this. For future knowledge, it's best to perform a move out checklist with the landlord just like you did a move in checklist. It helps avoid situations like this.





Good luck!How to combat ex-landlord unfairly charging cleaning and painting fees?
You can try talking with them and working something out. However, it probably won't work. Usually in cases like this your only recourse is to go to small claims court. Take all your documentation and let a judge decide.
Try the apartment renters association for that area, first. If you dont recieve any help. contact the BBB, then take them to court. Dont let them get away with it. By law, they have to shampoo the carpet and clean the apt before the next tenant moves in. If you have all the reciepts, you have a great chance of winning as well as a little extra.
How clean a dwelling is is subjective. You might have to take your ex-landlord to small claims court. Use the cleaning service you hired as your witness.


Remember, always have your landlord walk the apartment with you before handing over the keys. Therefore, if there are any damages, you have a chance to fix them on what is mutually agreed between you and the landlord.
Do you have a walk through report from the apt complex when you moved out? If you do you can use this as evidence. Most apt complexes will walk through and mark anything substantially wrong and you get a copy of it. IF they did not mark any of these things then you can provide a copy of this form as well as your cleaning service bill and fight it. You may even want an attorney to write a letter for you so they know you mean business. Apt complexes are notorious for this kind of activity. Good luck.
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