Q: House was not cleaned upon move in. Previous landlord sold during lease. Can new landlords charge for cleaning expenses?
Moved in 2 yrs ago. Carpets had stains. Nail holes in walls. Carpet had to be cleaned by us and along with other cleaning stuff. New landlord is being quite difficult forcing us to clean the carpets again as well as maintain the outside lawn even though it's paid for in rent. New landlord says if we don't use a specific recommended professional carpet cleaning service and provide receipt for work then she's not giving the deposit back. Is it legal for the new landlord to do this even though the carpets were never cleaned by previous landlord before moving in? Are we required to maintain lawn last month even though the landlord already includes it in the rent?
A:
While much depends upon the exact wording of your lease, if the carpet was not professionally cleaned by the landlord before you moved in, you have no obligation to have it cleaned beyond vacuuming on move out. You also have no obligation to use a specific cleaning company no matter what.
If your lease does not require you to maintain yard, it is likely you cannot now be made to but again it may come down to exact wording of your lease.
If the landlord wrongly charges your security deposit for anything, you likely are entitled to recover twice the amount wrongfully charged or not refunded, along with your court costs and attorney's fees. This is the sort of case an attorney might take on a contingency, meaning you would not owe your attorney any fees past the initial consultation fee but rather they would collect them from the landlord upon prevailing.
So if you want to be relatively certain, take your lease and all communications to a landlord-tenant attorney for a review now to learn your exact rights in this particular situation. If you want to hold landlord responsible for twice the amount, simply don't argue with them and just wait until at least 31 days after you restored possession to lock in any entitlement you may have. Best of luck.
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