Can the landlord charge me this??

Question

I recently moved out of an apartment and in my lease it says we have to have the carpets cleaned. I hired someone with a professional buisness who cleaned the carpets and I paid him $125 but he said that the apartment had no electricity so he wasnt able to use the steamer just the shampooer or something like that. There was only 2 stains that he couldnt get out with the shampooer. I moved out on the 1st and he went there on the 4th. Of corse I had the power turned off when I moved out. I was not aware that he needed the power because the last apartment I lived in they didnt use it. Anyway I paid the guy and gave the landlord company(owned by a company) my reciept as proof that the carpets were cleaned. Normally in N.Y. carpet cleaning is concidered normal wear and tear and you dont have to pay unless lease says so. The landlord turned the power on in the apt and re hired the guy and is now trying to charge me an extra $90 and he was able to get the 2 stains out. They also are charging me $50 for moping a small kitchen that I mopped b4 I moved. The lease dosnt say that I have to clean the kitchen floor but the move out instructions do....which I did but Im being charged.Please only answer this if you know the NY laws on this.

Answer 1

Sounds like your landlord is just being picky and unreasonable. Just pay it and be done with it. They try to get away with these things all the time. YOu would be wasting your time and energy to get angry over it or try to take it to court for a small amount of money.  

Answer 2

Sorry but you have no one to blame but yourself.  Try getting a refund from the carpet cleaner but since you had to power turned off it again is your problem.  

Answer 3

When you move into an APT. it is clean and inspected. You are shown the apt and you know it is clean..if it's not YOU ask the landlord to please write these problems down and you keep a copy of that. When you move out then you Have to clean it just as it was cleaned for you. This was your responsibility and he has the right to charge you for the uncleaned carpet especially if it is not that old. You admit it had stains and you should have had everything done days before you moved out and had been there whaen the landlord inspected the Apt. on move out day. I doubt if you have a case against him. If you want to file a complaint call the Attorney generals Office in your town ask for Public Protection Division and ask them to send you a complaint form.

Answer 4

The laws will change depending on what sort of lease they use, if it is a private one that they have made up or if it is a standard lease. You'll find more holes in it if it is private.

However it's difficult to answer the question without knowing the type of lease you signed. So basically if in the lease anyway at all it says that tenant will be responsible for cleaning (floors, walls, windows, appliances, etc...) yes the charges are valid, or if it recognizes in the lease that you must follow the move out instructions then again you'll be responsible, however if in the lease it only speaks about being liable for damages, then you can still have difficulty getting the fee waived because stains can be considered damage, but it will be easier. Just read your lease, it'll answer your question. Without knowing what kind of lease you signed I can only answer the basics.

Answer 5

Regarding the carpets you never got to look at them after he was done so they may, indeed, have needed the extra $90 worth of work.  I think you are on the hook for this.  

Regarding the $50 for mopping, thats an overcharged expense, I mean it takes like 5 minutes and costs nothing.  Still, its hard to justify a court case for just $50 (the filing fees will probably be $35 or so) and even if you go to court its completely up in the air what the judge might say (maybe he'll give you the $50 back, maybe not) plus its a few hours out of your day on 2 occasions - one to file and one to go before the judge.  What I'm getting at is the $50 is an overcharge and I think a court would give you that money back, but its not worth the effort.  I'd just pay the $150 and let it go.

Answer 6

These charges sound very reasonable to me if the landlord found the apartment in less than prime condition and he hired a professional to complete the cleaning process.

If I had been the carpet clearner, I'd have asked a neighbor if he could use the power for $10.00. But, the charges that the landlord assessed seem very, very reasonable. Just pay it and chalk it up to experience. I don't think you'd have much of a case in small claims court.