Dealing with collections...options

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boomerang

Lifer
Jun 19, 2000
18,883
641
126
Yeah you're pretty much boned I'd guess. But I'd def ask for an itemized list of what $810 worth of "cleaning" is. If they give you that and it all adds up, you're sunk.
Which they'll be able to do at the snap of a finger. OP just needs to pay up. You messed with the bull now take the horns.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
The place had maybe 5 hours worth of cleaning, and thats a stretch. Manly just garbage left after you move out, and some small items that needed to be thrown out. Outside of the 2 broken blinds that my 2 year old broke, nothing was damaged. Besides the carpet
You really have no clue as to what shape that apartment needs to be in, in order to bee rented out......hid has nothing to do with your opinion.

Take just the kitchen. All counters need to be cleaned...as in scrubbed and washed.
The Stove/Oven needs to be sparkling clean inside and out......okay so you get the drift.......so goes the rest of the place including the walls and ceiling fixtures...

5 hrs work -- yeah right!
 

Markbnj

Elite Member <br>Moderator Emeritus
Moderator
Sep 16, 2005
15,682
14
81
www.markbetz.net
1/2013. I am confused, what part of the contract did I break that constitutes a $800 cleaning charge?

The part where responsible adults don't trash the place they live in and leave it for the landlord to clean up. The specific clause the landlord is invoking would be the "little bastard fucked up my property" clause.
 
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TheSiege

Diamond Member
Jun 5, 2004
3,918
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The part where responsible adults don't trash the place they live in and leave it for the landlord to clean up. The specific clause the landlord is invoking would be the "little bastard fucked up my property" clause.

Or my kid was in a serious accident in another state and I had to leave right in the middle of moving. But yeah...
 

Markbnj

Elite Member <br>Moderator Emeritus
Moderator
Sep 16, 2005
15,682
14
81
www.markbetz.net
Or my kid was in a serious accident in another state and I had to leave right in the middle of moving. But yeah...

Sorry to hear that, but I don't see how it's the landlord's problem. If you can't go back after the emergency and finish moving then pay up.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
111
www.slatebrookfarm.com
My son had something similar - deposit was being kept and demand for more money for painting. My wife and I had cosigned for him, since it was his first place. No one rolled over. Son had pictures, etc., and took the landlord to small claims. Not only didn't the extra money have to be paid, but he got back the majority of his deposit.
 

hardhat

Senior member
Dec 4, 2011
434
117
116
Arguing that there isn't any clause in the paperwork saying the apartment must be clean on move out is a fool's errand. I guarantee that in the lease, the security deposit, or another document, the paperwork says that the tenant must maintain the property in the condition that it was in prior to move in, minus normal wear and tear.
Also, arguing about how much cleaning needed to be done without having pictures of the premises on move out won't work if the landlord has any receipts for the cleaning. And everything should have been documented in the move out inspection. If the landlord knew he was going to charge you that much when you moved out, unless he is a complete idiot, he will have pictures. It's very scummy of him not to discuss the high cleaning bill before move out, though, to give you a chance to do a better job.
 

flexy

Diamond Member
Sep 28, 2001
8,464
155
106
It is my understanding that most renters by contract are obliged to leave an apt "clean", which in some cases might even require re-painting, like when you're a smoker etc. or have pets. So..you already said you left the apt in a mess, no question the landlord incurred (probably substantial) costs because he had to get rid of your mess and what not to re-rent the apt. The question just...wasn't this covered by the deposit?

I guess you breaking the lease entitled them to keep the deposit (for that reason alone) and then the $800 for cleaning, from that point of view the $800 are not even unrealistically high. My $0.02
 

z1ggy

Lifer
May 17, 2008
10,010
66
91
It is my understanding that most renters by contract are obliged to leave an apt "clean", which in some cases might even require re-painting, like when you're a smoker etc. or have pets. So..you already said you left the apt in a mess, no question the landlord incurred (probably substantial) costs because he had to get rid of your mess and what not to re-rent the apt. The question just...wasn't this covered by the deposit?

I guess you breaking the lease entitled them to keep the deposit (for that reason alone) and then the $800 for cleaning, from that point of view the $800 are not even unrealistically high. My $0.02

Also, food for thought... if he hired people to replace the entire sqft of carpet, the tenant gets no say what carpet is used. LL could have picked most expensive carpet he could find, chose to replace the padding as well, etc. Also, if he had to repaint all of the walls, again.. could have picked very expensive paint.. Hired expensive painters, etc.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,675
146
106
www.neftastic.com
As mentioned, you will need to have your lease looked over by a lawyer. Presuming what you say is true, once the lawyer signs off on it then the next step is to tell the ex-landlord to shove it and take you to court. According to what you say about your lease at worst you forfeit your security deposit and that's it. If they want to pursue further they will have to take you to court for a judgement.

I hope you have pics of how the place was left though, as damages may be awarded even in lieu of having the lease worded as such.

You really have no clue as to what shape that apartment needs to be in, in order to bee rented out......hid has nothing to do with your opinion.

Take just the kitchen. All counters need to be cleaned...as in scrubbed and washed.
The Stove/Oven needs to be sparkling clean inside and out......okay so you get the drift.......so goes the rest of the place including the walls and ceiling fixtures...

5 hrs work -- yeah right!

And this is standard maintenance and prep as done by the landlord. This cleaning should never fall upon the previous tenant in terms of billable hours. Most landlords will expect the unit to be salable upon moveout. This is an unreasonable expectation. Moveout cleaning feels are just a free money grab by landlords.
 
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NetWareHead

THAT guy
Aug 10, 2002
5,847
154
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Long story short, I had to move quickly so I left the apartment in a mess. They kept my $700 deposit and now they are saying I owe $1100 more

My guess is that you broke the contract by moving out early? The deposit probably covered the lost rent the landlord missed out on for the rest of your term. The damages portion are probably legit damages he suffered in his property.
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
And this is standard maintenance and prep as done by the landlord. This cleaning should never fall upon the previous tenant in terms of billable hours. Most landlords will expect the unit to be salable upon moveout. This is an unreasonable expectation. Moveout cleaning feels are just a free money grab by landlords.

I completely disagree with you and do expect my unit to be salable upon movout. I take the time to rent out a thoroughly cleaned apartment with a gleaming kitchen, fixtures, bathrooms, walls, carpets. I really do anally clean everything. When I turn the keys over to a new tenant, the place is like a mirror. It is therefore my expectation that the place be returned in similar condition when I do the final walk-through. Why should I have to clean up after a tenant (for free)?
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,675
146
106
www.neftastic.com
I completely disagree with you and do expect my unit to be salable upon movout. I take the time to rent out a thoroughly cleaned apartment with a gleaming kitchen, fixtures, bathrooms, walls, carpets. I really do anally clean everything. When I turn the keys over to a new tenant, the place is like a mirror. It is therefore my expectation that the place be returned in similar condition when I do the final walk-through. Why should I have to clean up after a tenant (for free)?

So you expect your tenants to paint walls, recaulk fixtures, sand and refinish floors, etc. too?

Normal wear and tear is normal. As is signs of use. Having a unit "clean" and having a unit "like-new" are two different levels. The former is on the tenant, the latter is on you. Billing the tenant for the latter makes you a douche.
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
So you expect your tenants to paint walls, recaulk fixtures, sand and refinish floors, etc. too?

Normal wear and tear is normal. As is signs of use. Having a unit "clean" and having a unit "like-new" are two different levels. The former is on the tenant, the latter is on you. Billing the tenant for the latter makes you a douche.

You replied to JediYoda's post, disagreeing about cleaning the counters, stove/oven etc. The gist of his post was leaving the place sparkling clean. Your reply disagreed with that and said movout cleaning fees are a moneygrab. His post had nothing to do with wear and tear or anything like that. I understood it to be about cleaning.

I dont bill for wear and tear unless grossly excessive or if it is the result of abuse. Wear and tear, floor sanding etc.. is my responsibility as the owner/landlord. My post spoke about a tenant leaving behind a messy apartment.
 
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NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
It should not be 'for free'. It should be rolled into your costs. If I live there for 10 years, do I still have to paint and clean the carpet? Do you really want me to paint or professional painters? Are you really going to consider the place salable with 10 year old carpet?

If I had a tenant stay with me for 10 years and we had an amicable relationship, I'd cut him a break on moving out and paint the walls myself; interiors need painting every few years and 10 years is pushing it. I dont require painting unless the tenant insisted on painting the walls a different color than when initially rented or there is some sort of damage that requires repainting. Even then, I'd get a professional and bill him since I cant paint very well. Carpets, yes I would ask him to professionally shampoo the rugs and this is written into my leases. One of my units has a 13 year old carpet that still looks great and my tenant was surprised to learn it's age. A carpet that looks ragged, obviously yes I would waive the cleaning clause.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,675
146
106
www.neftastic.com
You replied to JediYoda's post, disagreeing about cleaning the counters, stove/oven etc. The gist of his post was leaving the place sparkling clean. Your reply disagreed with that and said movout cleaning fees are a moneygrab. His post had nothing to do with wear and tear or anything like that. I understood it to be about cleaning.

I dont bill for wear and tear unless grossly excessive or if it is the result of abuse. Wear and tear, floor sanding etc.. is my responsibility as the owner/landlord. My post spoke about a tenant leaving behind a messy apartment.

I said salable. That includes what I would consider a person would do to "stage" a home for sale.

As far as cleaning, leaving the unit in "clean" condition is relative. OCD sparkling is a bit obsessive. Yes, clean the counters, stove, run a cleaning cycle on the over, make sure the toilets and showers are clean, everything is vacuumed and swept, etc. This may be a misunderstanding of "sparkling" here on my part.

Here's my take on it however.

EVERY UNIT upon move out, no matter how the tenant leaves it, the landlord will have it cleaned. Nearly every landlord friend that I know does this. This is a sunk cost, and this is my exact point. In my experience it all depends on the moral compass of the landlord on how they want to treat this. I have had the good grace to have dealt with landlords in my time as a renter that they weren't assholes about it when I left, even under less than ideal conditions, that I never got charged with any sort of excessive cleaning fees. Other individuals I know have had their landlords use their lease move out terms as basically free money to renovate or rehab their units.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,061
570
136
i didn't realize they could take more than your deposit. did you break your contract?

You didn't realize there wasn't a limit to the amount of damage a renter could be charged for?

If a renter destroys all of my carpet and leaves holes in the wall, I'm just stuck with only the measly security deposit? No way, when costs for damage and cleaning go over the deposit, they get a bill.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
You didn't realize there wasn't a limit to the amount of damage a renter could be charged for?

If a renter destroys all of my carpet and leaves holes in the wall, I'm just stuck with only the measly security deposit? No way, when costs for damage and cleaning go over the deposit, they get a bill.

Outside of the blinds, there was no damage, just a little dirty, and the typical stuff you would see if you were move all of your furniture out of your house. Misc. pencils, maybe some candy wrappers, lego blocks,stuff like that
 

waffleironhead

Diamond Member
Aug 10, 2005
7,061
570
136
Outside of the blinds, there was no damage, just a little dirty, and the typical stuff you would see if you were move all of your furniture out of your house. Misc. pencils, maybe some candy wrappers, lego blocks,stuff like that

Yeah, I'm not sure what you were charged for, I was just replying to the perceived limit on what someone could be charged.
I know cleaning services can be quite expensive $25-30 per person per hour were some of the quotes I got. If they had to top to bottom clean that place, The bill could have been pretty high. Your bill does seem high, but then again, cleaning services in your area may be expensive.
Does your lease have a quoted hourly rate if they have to clean up after you?
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
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4.&#8194;&#8194;Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security or surety bond, or a combination thereof, and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant&#8217;s present address or, if that address is unknown, at the tenant&#8217;s last known address.
5.&#8194;&#8194;If a tenant disputes an item contained in an itemized written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.

This is from Nevada state laws. I want to know how they got the $810 charge for general cleaning. Thats like someone getting paid $20 bucks an hour spending a full work week on it, and they also charged me an additional $150 to haul trash. There was no furniture left, but even if it were 10 bags of trash it still seems excessive and not reasonable.