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July 29, 2009
Deposit Deduction?
I recently moved out and left my apartment in pristine condition. I paid a professional cleaner who cleaned for four hours, and I helped her as well. Every surface, floor, window, baseboard, tile was cleaned thoroughly. There was not so much as postage stamp sized piece of paper left behind.
My landlord charged me $100 for three items:
1.) Dead battery in detectors
2.) "Cleaning Charge"
3.) A closet door that was off the tracks since the day I moved in, and documented, and the super was never able to make it stay on the track so I basically gave up on it in my 2 1/2 years in the apartment.
As well, the landlord overcharged me on pro-rated rent since I requested to stay until the 10th. If the rent is $2650/month - and there are 31 days in July - shouldn't the daily cost be $85.40. They charged me $87.55 per day. A small amount, but it adds up.
Any advice/thoughts on next steps?
I was a good and quiet tenant who left the apartment spotless, I sincerely do no think I should be charged for anything.
(As well, they rented the apt. the same week I left. It did not sit vacant at all.)
Thanks in advance for the advice.
Comments
Had a similar experience when I rented at 100 Atlantic for a few months. Left the apt in better shape than when I arrived and got $150 cleaning bill.
Don't think there's much you can do. But if you have time on your hands and want to make a point, small claims court? Failing that, post the name/address of the building. . . . like I just did ;-)
Posted by: Johnny at July 29, 2009 10:24 AM
Thanks for the advice. :) I've sent them a letter, we'll see where it goes.
I would definitely consider small claims court, because that is probably a hassle for them, they'd be tempted to just write me the check for the $200 to make it go away.
I'd be fine if I didn't put in the extra effort - but I really did - and the charges just came across to me as a racket.
Thanks again...
Posted by: Tinsel5000 at July 29, 2009 10:29 AM
using 30 day month to figure daily rate is standard so don't fret over that.
If you have receipt for cleaning (and I bet the landlord does not) - you have the case in small claims court (along with the documentation of closet track).
Posted by: Petebklyn at July 29, 2009 10:57 AM
Unfortunately, the owner doesn't have to show up in Small Claims Court. You'd win, by default, but might have a very hard time actually collecting.
OTOH you have nothing to loose by sending a letter threatening legal action--it might work--sometimes the bad guys are stupid.
Posted by: Bob Marvin at July 29, 2009 10:58 AM
does the lease say you are responsible for the items he listed as charging you for (besides the cleaning)? And definitely keep the receipt for the cleaning, if you do end up in small claims court.
Posted by: bodhi_brooklyn at July 29, 2009 11:03 AM
you can hit the landlords credit score and mark it up if you really want to but its 100 bucks!
Posted by: brickoven at July 29, 2009 11:03 AM
They probably based the daily cost on the year (2650 x 12)/365. I think this is the proper way to do it but not 100% sure. I wouldn't argue over the $20.
As far as the batteries in the detectors are concerned, it is the landlord's responsibility to keep them in working condition. The fact that they weren't checked by him is an issue.
Did you take pictures before you left? Ask for specifics as far as what had to be cleaned and then counter with your receipt.
The door shouldn't be an issue since it was documented.
Posted by: WrathOfGates at July 29, 2009 11:08 AM
My opinion would be to forget the pro-rated rent $2.15/per day difference that you are calculating. There are different ways of calcuating per diems (example: $2650/month x 12 months / 365 days in a year = $87.12 per day, regardless of whether it's July or February). They did you a favor allowing you to stay in the apartment for the extra ten days and it looks like they aren't trying to rip you off there.
As for the other items that they deducted $100, ask for that money back, explain that you paid for a cleaing service and the closet door has always been that way.
You said you lived there 2 1/2 years. Does that mean you asked to break the most recent 1-year lease? In that case I would be thankful to only come away with $100 penalty on a $2650 apartment, because they could have just as easily said No and made your life quite a bit more difficult.
Posted by: setancre at July 29, 2009 11:08 AM
Thanks everyone for the great feedback. ...I sent a letter and am taking the diplomatic, polite road first. First line of attack is "this must be an error, let's correct it." We'll see what that does. :)
Posted by: Tinsel5000 at July 29, 2009 11:10 AM
I actually can't believe you are quibbling over $100 dollars. Small claims court will go on your record and make it difficult to rent in the future. I would let it go.
Posted by: gkw at July 29, 2009 11:15 AM
It's not worth your trouble to go to small claims court or anything else. I assume you may need a recommendation from the landlord so just forget about the money.
setancre is right about the landlord allowing you to break the lease so easily.
On the deposit issue he is being an ass.
Posted by: daveinbedstuy at July 29, 2009 11:31 AM
Setancre. . . thanks for the good feedback. Re. the lease. . . I moved in with a roommate on her lease (2 br) with 6 months left on her 1 year. . . then we signed a lease together. . .and then I signed my own 1 year lease when she left.
They did do me a favor on the extended stay, so I agree I'll probably just let go of that one.
Otherwise I do have the cleaning receipt, and will pursue that and the closet door and the detectors. It's simply an unnecessary $100 that doesn't feel fair.
Posted by: Tinsel5000 at July 29, 2009 11:36 AM
According to the items you listed, the landlord is charging you for normal wear and tear. That would be illegal. But in the bigger picture, quibbling over $100 seems foolish for both parties—you and the landlord. If they're not responsive to your letter I'd just drop it, especially considering the LL's willingness to pro-rate the rent. Just FYI, the detail re: smoke detectors can be found in NYC Administrative Code §27-2045 and §27-2046.
Posted by: vinca at July 29, 2009 11:43 AM
Thanks Vinca. . . . I hear you on the $100 being not a lot of money. . . but moving is expensive and it adds up and up and up. . . and I'm sort of viewing every $50 - $100 differently than I have in the past. I used to be "eh, it's just $100, not with the time." . . .But when I start adding that up, and thinking what I could apply that (and other) $100 bills to. . . it starts to become impactful. I'm trying to be more responsible with my hard-earn dollar I suppose.
In this case, I just feel like they're taking advantage of me, thinking exactly what you say - "let's take $100 and gamble that she won't take the time to contest it."
I'm mostly curious to see what happens if I pursue what I think is totally fair. . .and take the little bit of extra time to see if I can get the $100 back.
Regarding their pro-rating the rent, they had nothing to lose there. I agreed to show the place while I was there for the 10 extra days, and it gave them more time to line up renters. Which you can see worked, because they didn't lose any time with getting a new person in.
Posted by: Tinsel5000 at July 29, 2009 11:56 AM
Thank you for referring me to the NYC Admin Codes. Very helpful.
Posted by: Tinsel5000 at July 29, 2009 11:59 AM
It's not my position that $100 is not a lot of money. It's plenty enough, and enough that both you and landlord are debating. I don't consider the debate worthwhile (certainly not worth $100 of my time, energy and "principle," nor particularly in light of the pro-rated rent). It would surprise me if your lease did not contain a clause about showing the apartment before the end of term.
Posted by: vinca at July 29, 2009 12:37 PM
I'm sure if you argue your case with the landlord, he'll refund the $100.
The smoke detector battery and closet track deductions are really strange.
As a landlord myself, I've never heard of anything like that.
The "cleaning fee" also is shady, especially since you left the place reasonably clean.
Posted by: IronBalls at July 29, 2009 3:41 PM
For the record: The owner is responsible for initial install of smoke detector. Tenant is responsible for maintenance (batteries).
I think charging for batteries is petty.
Posted by: jfss at July 29, 2009 6:45 PM
Your obligation is to leave the apt in "broom swept" condition only. The batteries I agree is petty as well. You have been officially screwed, pull your pants up and go to small claims on principle if you want as it's not worth it. You could write a letter/call and .............
Posted by: Crownlfc at July 29, 2009 9:07 PM
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