Question:

Is it fair to deduct so much from the deposit?

by Guest64135  |  earlier

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i used to live in a small 2 bedroom apartment, the landlord charged me $130 for cleaning (i personally cleaned the whole apartment), $100 for carpet cleaning which i vaccumed all, there is a bar on the bottom of the front door which was fallen due to normal aging, she charged me like $60, then faucet which was also "damaged' due to normal wear and tear, she charged me for that! total is $500!!!

i am going to ask her for the receipts. so i am just wondering if it is normal for a landlord being so greedy to charge me for so many things?

thanks

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4 ANSWERS


  1. The Landlord CANNOT charge you for normal wear and tear on a rental ....

    Deliberate damages CAN be charged ; BUT she MUST be able to PROVE what she paid ......

    I'd try to talk with her about the excessive charges .... BUT; tell her that you must see the receipts before paying anything ....

    I'd tell her that I'd give her like $250 and let it go  ...and ; if she wants anymore , that she will have to take you to COURT !!

    It will probably be less expensive for her to jsut settle with you .... Make sure that you get a receipt , marked : PAID in full , the date, and her name written LEGIBLE .


  2. Unfortunately, a lot of landlords try to take advantage of residence when they move and get away with it because most residence are not aware of the laws. When ever you move in or out of a place, you personally take the check in sheet and fill it out and agree to everything on it before you ever sign it. Also, read and understand what your rental agreement or lease say's before signing it. I have managed for 20 yrs and I can tell you that most people don't want to take the 5 or 10 extra minutes to read it. They just sign and want to get out of the office and on with what they are doing. BIG mistake and this is a good reason why. What ever you get charged for by the landlord, you have a legal right to request copies of reciepts for everything you are being charged for. If you don't agree, tell them so. If they don't want to work it out, you can alway's take them to small claims court. But you will pay court costs and filling fee's, which if you win your case you can get from the landlord, but if you loose, then your out more money! This may have to serve as a lesson learned and next time be a little wiser!

  3. It is not so much about fair. It is about whether the deductions are legal.

    The landlord cannot charge you for normal wear and tear.

    If the apartment was not returned in the same condition it was rented and cleaning was needed, or if anything was damaged, the landlord can charge you via deposit deduction.

    You can dispute the charges in writing and demand your deposit be returned.

    If the landlord does not give in to your demand, you can file in Small Claims court and let a judge decide.



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  4. First of all, check the lease in regards to the cleaning.  Just because you cleaned doesnt mean that it IS clean.  I mean like greasy cabinets, stove (inside and out), fridge.  Grease is not normal wear and tear.  Carpet cleaning: vaccuming is not cleaning.  Steam cleaning is and for $100.00, you got off cheap.  A bar on the bottom of the door falling is not normal wear and tear unless the door is rotting.  And it should have been reported as damaged.  And a faucet, that wasnt reported as damaged when it happened, is also not normal wear and tear.

    I, as a 13 yr landlord, would have charged you for everything you just mentioned.  What you call wear and tear is NOT wear and tear.  Aside from the cleaning and the carpet, the rest is damages.

    However, a faucet is about $30.00, depending on the bar size on the door, its about right, carpet cleaning (here in MI) would have been more than $100.00 for a 2 bdrm, and cleaning an apt, I get charged $12.00 an hour by the cleaning crew I have.  There is more because what you listed doesnt add up to $500.00. It comes to $290 and I doubt a faucet ran $110.00.  If it did, it had better be gold.   So, you are responsible for the damages, cleaning, carpet, and the labor it took to do all this.  You are intitled to receipts for the bar on the door, the faucet, and if the carpet and the cleaning was done by a company, a copy of the invoices for labor.

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