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…
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.
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 ………….
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.
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.
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.
Thank you for referring me to the NYC Admin Codes. Very helpful.
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.
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.
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.
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.