Q: Is an "early move in waiver" where we are responsible for previous tenants' cleaning and damages enforceable?
Landlord usually has 10 days of turnover for his properties for cleaning and repairs. We desperately needed move in because previous lease had expired. We moved in on 5th day of turnover period. Landlord had us sign a waiver making us responsible for all the cleaning and damages of the previous tenants.
We had no other choice so we complied. That lease has now ended one year later. Our security deposit was deducted for previous tenants' damage, and for cleaning we believe is covered by normal "wear and tear". All in all, we left the apartment in immensely better shape than we found it.
A: Only a court can answer it is enforceable in this specific case and your circumstances. If the lease and waiver were properly signed, then they could be enforceable. If you provided landlord your postal forwarding address, then landlord is required to send you an itemized statement of any deductions within 30 days. If landlord did not, then you can sue landlord for double the amount wrongfully withheld, plus your attorney fees. If landlord did send it within 30 days, but you dispute it, you still can sue landlord, but can't collect double, and can't get your attorney fees.
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