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Amel | Can my landlord really charge me for that?!? |
We just had $500 deducted from our security deposit! We lived in our duplex for 1 year. We are EXTREMELY clean people. We did not have the carpets "professionally" cleaned upon move out, however, my boyfriend rented a shampooer and spent 6 hours shampooing the carpet. There were NO stains anywhere even before he shampooed them. I cleaned and bleached EVERYTHING! Yet they still charged us to have the toilets "cleaned and sanitized." I am okay paying for them to do a few things if necessary, but this seems outrageous! Can they really charge to clean the screens on the outside of windows? That seems like normal wear and tear. Can anyone help? I live in CA if that's any help. THANKS! |
 |
 
BrokerPro
|
California has very specific laws on what and how a landlord can deduct for and the facts that you have stated would fit within the guidelines- he is required to provide a breakdown of the exact costs expended with receipts and it cannot be for a "normal wear & tear" item such as cleaning the outside screens... here is the link to the CA tenant landlord laws- check them out, then step up and confront the landlord based on his non-compliance with the law:
http://www.dca.ca.gov/publications/landlordbook/index.shtml
A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes.
The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in.
A rental agreement or lease can never state that a security deposit is "nonrefundable."
Under California law, 21 calendar days or less after you move, your landlord must either:
Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted
The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement. |
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BBoopBBoop
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I think cleaning and sanitizing should be done regardless. You should NOT be charged for that.
Best of luck! |
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♥STREAKER♥©℗â€
|
did they give you an itemized list of what repairs were going to be needed and the cost? If so, not too much you can do, if not, you can tell them you know your rights and demand that they refund your total deposit. They cannot hold onto deposit for normal wear and tear. |
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aplus80
 |
He's trying to screw you over. |
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Biggie @ Arbor Mortgage
|
WOW! I am so sorry that happened to you. Did you have problems with the landlord prior? That just really sounds excessive. I would ask for a breakdown of the costs. |
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Mr Placid
 |
$500 is way too much to deduct, even if all those things needed to be cleaned. Your landlord probably paid $50, at best, for someone who advertises in Pennysaver to do all that cleaning. Legally, that means the landlord may deduct $50.
I once had a landlord who deducted exhorbitant cleaning expenses from my security deposit... $25 to sweep the kitchen floor, $30 to clean the bathtub, $20 to wipe the refrigerator, etc. I sued. In my complaint, I agreed the bathtub was dirty when I left, but $30 was too much to charge. Everything else was spotless. Plus, the apartment complex had their own cleaning crew, and I'm sure they weren't paid that much for the cleaning. I sued for $190 (the $200 they withheld, minus $10 which I thought was a fair charge for the bathtub), plus an extra $380 treble damages. The judge awarded every penny.
I would call the landlord and tell him that the $500 charge is ridiculous. Tell him $50 is fair, and if he doesn't return $450 by such and such a date, you will sue him for $450, plus treble damages (California law allows this). Then, if you don't hear from him by such and such a date, file a suit in small claims court. |
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John D
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Si! |
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KSilver123
|
Yes, the landlord can deduct any amounts in order to return the home to rentable condition. In one year, most landlords would give consideration to cost of painting the walls as far as a break to you in costs..but not that much. I recommend NEVER attempting to steam clean carpets on your own. They should always be done professionally as those carpet cleaning machines are usually old and deposit more soap into the carpet making the carpet feel sticky/soapy.
In CA landlords must provide a statement of all invoices for the work they did to justify the charges. If they did in-house work, they have to justify the amount by showing cost of materials and labor. Did you do a walk through with them on the final day? If you're going to spend so much time cleaning and worrying about the status of the home prior to moving, you should have spent the extra 10 minutes it would take to walk the home with the landlord and get a written confirmation of their view of the condition of the home.
Also, they should have sent the statement within 21 day of your move out. If it was longer than that, you could take them to small claims court and sue them under the SB-90 law that requires landlords to send a statement of deposit within 21 days. You may win up to double the amout of the deposit.
Finally, I find it hard to believe they can justify a $500 charge for just cleaning toilets. I would as a first step call them and make certain there wasn't a clerical error as well? You always want to try to handle things without going to court as that costs more time and money too. |
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LILLIAN B
 |
Cleaning and santizing is usually standard procedure when a tenant moves out you should not be charged for normal things that are going to be done to the place regardless and it seems like the landlord is using these things just to keep the extra money in the pocket.
Did you take pictures? If so you can use them and go to small claims to retrieve that deposit back for future refrence always set up a time right before you walk with the landlord and do a move-out inspection this will eliviate any charges posted to your account after you move the landlord needs to sign and so do you stating that everything was up to standards. |
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Landlord
|
There is nothing normal about dirt.
I do not charge for this sort of thing, but I clean myself ig most of it was done already.
He HAS to give you receipts for the services. He can not charge you for his own time, only if he hired a licensed (business license is good enough) to do the work.
While he may have spent 100 for the carpet cleaning I doubt he paid 400 for the cleaning unless this is the worlds largest duplex.
He did have to bleach himself, to know for sure that the home was sanitary. But, as I said, most landlords do this themselves and can not charge for their own services, as they do not pay themselves.
In CA you are entitled to a full accounting of every dime withheld from your deposit, I would demand it, this guy sounds like he is trying to take advantage of you. |
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Jess
 |
girl i've had my landlords charge me for ungodly stuff. but im from texas also and I broke my lease. lol. but I'd give her 100 maybe for all that crap or just tell her screw it u will come do it urself if u really need the money. but dont try n sue her. ...its pointless. good luck 2 u ! : ) |
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estielmo
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I would sue in small claims court, but be prepared to lose. |
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