Apartment Move Out Bill Question

My brother and his gf just moved from one apartment to another in the same complex, the security deposit was just transfered. They were told it would be $100 to move for cleaning and did a walkthrough and there were no issues.

So they moved and then they got the bill and among the expected fees, utilities, etc. they were charged several hundred for carpet replacement. There was no damage they did and it was just time to replace it I suppose so they were charged 50%. They had only lived in that apartment for 3 months.

So they challenged it, and took a bunch of pictures before moving showing the carpet is in really good shape, they steam cleaned it and everything. So they were told that it would be looked into. The carpet had supposedely already been replaced so the specific damage could not be shown to them.

They were told to hold off paying and it would be reviewed. They paid the portion of the bill for cleaning and utilities and that amount was put towards their new apartment and credited cause they overpaid.

So it has been almost 2 months and they are now being told to pay the full thing.

So I was just wondering, I know that you have to be billed withing 28 days or so, which they were, but when they told them it was wrong and wanted it reviewed they were told to not pay until it was reviewed. Is there a time limit that they would have to be rebilled it?

They tried to talk to the managers but the "main" manager that had to make the decision was never in and phone calls or emails were not returned.

Just wondering if I should tell them they pretty much have to pay it or since it was so long they can tell them that they dont have to.

Thanks

I would not pay and quite frankly it sells like the complex is using their customers to pay for their cleaning & replacement. I don't even understand why there is a $100 cleaning fee to move into an apartment...

DRJ555 said: The cleaning fee was a joke cause the steam cleaned and painted and even bleached the tub and it was cleaner than when they moved in. The carpet is perfect and they have about 20 pics from various angles. Just wondering if they have a legal right to tell them to go pound sand.

Sounds like it. An automatic cleaning fee may even be a violation of the tenants rights. Laws vary by state. It should be a $100 cleaning fee only if the tenant opts into it. If the tenant cleans the apartment better than when it was moved in, then there should be no cleaning bill.

What state is this?

ThursdaysChild said: Well, it might depend on state law. Back in my apartment renting days, I was told that California requires the apartment complex to clean the carpet after a tenent moves, regardless of its condition, and that the law allows them to bill the old tenant for this state-required cleaning.

Carpet cleaning != carpet replacement.

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Typically, state laws require a tenant to leave the apartment in broom clean condition and that a tenant is not responsible for ordinary wear and tear. I believe this holds true in most states even when the lease requires a higher standard. Landlord have been gouching tenants for things like "cleaning costs" and the like for a long time. Most people would rather just get 95% of their security deposit rather thasn fight it. However, I think you have a leg to stand on if you choose to fight it.

Check your state security deposit laws. Most states have specific security deposit laws that are intended to punish/discourage landlords from trying to take advantage of tenants in this way (by punish, I mean they give tenants "double" or "treble" [i.e., triple] damages if a landlord breaks the security deposit laws).

It will of course depend on state law, but I don't really think you can just not pay them in this case, as they did provide notification. You can take them to small claims court, and if it is as you say where the carpet was as in a good of condition (or better) than when you left, and you have pictures to prove it, it will be a pretty easy win for you.

DRJ555 said: My brother and his gf just moved from one apartment to another in the same complex, the security deposit was just transfered.

The fact that they transferred to another apartment inside the complex makes it a little complicated. I am surprised the management went after someone who continued staying in their complex.

Aggressive talk with the management is not good because your brother still lives in the complex. They may charge him again when he vacates his current apartment (Is he on a long term lease?).

Is the management ready to negotiate on the carpet fee (how much money are we talking about here, you mentioned 50%). Is it comparable to their security deposit for their current apartment?

If your brother is nasty looking, have him hang outside the management office in a Speedo with a small sign complaining about the charges. They'll get sick of looking at him and should wave the fees.