Question about my apartment's deposit.

[weiv0004]

So I recently moved out of my last apartment after only 3 months. I had only signed a three month lease since I knew I would be moving to be closer to my place of work, which was relocating. I fulfilled every requirement listed in my lease for a refund of my deposit ($300,) but was charged $80 for "paint apartment touch-up" and $70 for "shampoo carpet." I re-read the lease agreement and found the following items:

Listed on the "Damage Deposit Agreement:"

"No damage to property beyond ordinary wear and tear. If Resident has lived in the Apartment for less than twelve months, then charges for painting and shampooing shall be considered beyond ordinary wear and tear."

But listed in the small print on the lease:

"If resident vacates prior to one year, resident will be charged the cost of painting and commercial cleaning of carpet."

So am I out of luck, or should I complain? I wouldn't really have a problem with it, besides the fact that I was already paying and extra $75/month to get the short term lease. On top of that, I'm sure that I left the apartment in BETTER condition when I moved out. It was quite dirty when I moved in, and I did a very thourough job of cleaning on the way out. I took pictures when I moved in and compared before leaving.

Any suggestions?

 

[I Saw OJ]

Probably should just suck it up on this one, although I dont see how after 3 months the walls needed a new coat of paint.

 

[imported_Mike]

That blows, but you really don't have a leg to stand on in this one. Might pretend to "fight it out" with them to see if they will at least cut you a break on the costs.

 

[Whoozyerdaddy]

You were there less than a year. The clause doesn't specify anything about completing the lease... Just less than a year.

You're the victim of a modified one year boilerplate lease agreement. The penalty language is there for a one year lease. They took the language from a one year lease and gave you three month terms.

This is one of those times (1%) that not reading all the fine print costs you.

 

[Vette73]

Most states have laws/rules that they can only charge for damage. Wear and tear are to covered by the owner as part of doing business. Read up on your states Gov site as to what they can and cannot charge for.

Send them a letter, certified, saying that there was no real damage and you are requesting a full refund as such to keep from filing a small claims action.

 

[probzy]

Mine takes $1000

 

[weiv0004]

Thanks for the input folks, I've read through my states law (Minnesota) and found this:

The landlord may withhold from the deposit only amounts reasonably necessary:

(1) to remedy tenant defaults in the payment of rent or of
other funds due to the landlord pursuant to an agreement; or

(2) to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted.

(c) In any action concerning the deposit, the burden of
proving, by a fair preponderance of the evidence, the reason for
withholding all or any portion of the deposit shall be on the
landlord.

Sounds like this might support me, right? Do you think this is worth pursuing for $150?

 

[Vette73]

^


For me, YES. Think if they did it to you they have done it to everybody else as no one questions them. And you are right, as your state law says. The landlord has the burden to prove keeping the deposit was fair.

I say its worth the $30-60 to file a small claims action if they don't give you the money back after sending a certified letter asking for it.

 

[theeedude]

$150 sounds reasonable. I used to be anal about leaving my apts super clean. But they usually still withhold the carpet cleaning and painting, so I stopped worrying too much about those things.

 

[weiv0004]

Okay, so I've decided to send a letter to the management company. It's not that the money is that big of a deal, but it kind of pisses me off. Anybody who wants to take a look at the letter below and let me know what they think would be my best friend for life. Well . . . I would at least appreciate it. (Edited content in Bold for privacy)


Address

Dear Rental Management Company,

I recently completed a 3 month lease in one of your rental communities at the following address: Address. As per our lease agreement, I paid an additional $75.00 per month to facilitate this short-term lease. Although this amount was more than the original $25.00 per month that I had been told by the office assistant who showed me the apartment, I assumed it was an honest mistake and accepted the charge since it was made known to me prior to signing the lease. I did not approve of any additional charges made to facilitate a short-term lease, such as mandatory maintenance charges.

Up until now, I was relatively satisfied with my stay at the Apartments, although the unit was quite dirty when I moved in. The condition was noted on my move-in condition report and only took me a few hours to rectify. When I brought the condition of the apartment to the notice of the manager, he apologized and offered to have someone clean the apartment, however as I had already moved in and done the cleaning myself, I declined.

On Friday November 10th, I received a letter from Management Company, along with a check for a portion of my original deposit, and an invoice stating that I had been charged $8.00 for the replacement of a light-bulb (which was burnt out when I moved in, and clearly noted on the check-in report) along with an $80.00 charge for ?paint apartment Touch-up? and a $70.00 charge for ?shampoo carpet.? Imagine my surprise considering that I had, to my appraisal, left the apartment in better condition than when I moved in.

As previously stated, the apartment was quite dirty when I move in. I reported this on my move-in condition report and also documented the condition with photographs (a copy of which will be made available to you upon your request.) Prior to my vacation of the apartment, I thoroughly cleaned the room, vacuumed the carpets and scrubbed the walls. I made use of the ?Cleaning Letter? that the management provided to ensure that I completed the cleaning to your specifications. I then compared the current condition with the photographs I documented the move-in conditions with and was satisfied that the condition I was leaving the apartment in exceeded the criteria under which I would receive a full refund of my deposit. During my move-out inspection, the office assistant performing the inspection actually praised the condition of the apartment, stated that it was far better than she was used to and asked me if I had hired professionals to clean the apartment for me.

After receiving the partial refund and invoice, I re-read the ?Performance Deposit Agreement? and found the following statements:
?Refund of the Performance Deposit is subject to the following provisions or the entire deposit can be subject to deductions for . . . damages allowed by law.
. . .
4.) No damage to property beyond ordinary wear and tear. If Resident has lived in the Apartment for less than twelve months, then charges for painting and shampooing shall be considered beyond ordinary wear and tear.?

I agreed to these conditions, believing that this statement meant that I would be charged, if the apartment needed painting or shampooing to restore its condition prior to my lease.

It is my understanding that under Minnesota State law: Section 504B.178: Subdivision 3: Part B: Item 2, I am entitled to a full refund of my deposit, less costs to ?restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.?

Therefore, pursuant to Minnesota State law, I request the refund of the $8.00 charged for a ?vanity bulb,? as well as the $80.00 charged for ?paint Touch-up? and the $70.00 charged for ?shampoo carpet? OR proof that the charges were for services that were needed and reasonable to ?restore the apartment to its condition prior to my tenancy.? I am not asking for any additional interest, nor any damages, only the return of my money or proof that the charges were reasonable and validated.

I have enclosed a copy of my ?Performance Deposit Agreement,? along with a copy of Minnesota State law Section 504B.178 with sections of interest high-lighted. If you would like me to furnish you with copies of the photographs that I took prior to my moving in, I would be happy to do so. Furthermore, I would be happy to do anything that I can do to facilitate the actions I have requested. Thank you very much for your time and consideration.

Sincerely,



Name

Please do not disregard of misconstrue this letter. My request is completely within my legal rights. Any questions, concerns, comments or any other communications should be directed to me at:

Contact info

 

[FilmCamera]

"Prior to my vacation of the apartment"

Should be "Prior to vacating the apartment."


Also - "disregard of misconstrue" of should be or.

 

[BobDaMenkey]

you might want to change of to or in the last sentance of your letter.

Looks good otherwise