Q: Can my landlord keep part of my security deposit for cleaning?
I was shown my apartment and signed a month to month lease 6 days before I moved in on the commencement date of the 1st. When I was shown the apartment it was not cleaned yet from the prior tenant and needed to be cleaned badly. The landlords agent assured me the apartment would be cleaned and ready to move in before the 1st when I moved in. After 4 days of calling my landlord/agent to come to my apartment to do a walk through, she just happened to be on the property showing another apartment and I asked her to please come to my apartment so I could show her that it wasnt cleaned and the things that needed to be repaired, but did not take any notes or complete a move in form as she just told me told me not to worry I wont be charged a cleaning fee. After multiple issues of unresolved disrepair I gave proper notice to vacate but a cleaning fee was withheld even though I left the apartment immaculate. Because of dissrepair or ? do I have a breach of contract to get my full deposit back?
A: Every time a tenant looks at an apartment before actually moving in to the premises, the tenant should require that the landlord prepare a condition report and both the landlord and the tenant sign it so that there is evidence of the cleanliness or uncleanliness of and items that need repairs at the premises and no matter that there are oral promises that the apartment will be clean when the tenant actually moves into the premises. Since you stated that no condition report was filled out and signed by both parties, there is no written evidence of the actual condition of the premises. This is very unfortunate. A similar condition report must also be filled out and signed by the parties on the move-out date as proof of the condition of the premises. If the tenant wants to dispute the condition of the premises either on the move-in date or the move-out date or both, the tenant has the burden of proof to show what was the condition of the premises on each date. Photos of the condition of the premises on the move-in date and on the move-out date will be also good and reliable evidence. Without a written condition report that is signed by both parties and without photos, it is unlikely that the tenant will be able to bear the burden of proof should a lawsuit be filed by the tenant against the landlord for a violation of the lease contract.
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