Q: Is a document signed by landlord that is prepared by the tenant requesting the full cleaning fee and deposit back legal?
I’m a fairly new landlord and recently rented out my ADU, for 3months, that is located behind my home to a traveling nurse and her boyfriend. They moved out Friday, 05/01/20. When I went over to do a check out everything was fine except for two things. The oven was filthy, not in the same condition that I gave it to them upon movin and there was damage to a piece of furniture. When I pointed this out to Noah (boyfriend), he got very angry and claimed that it was normal wear and tear. He refused to leave unless I signed a letter he printed stating that the ADU was returned in the same condition of when they first moved in. Letter states the full deposit of $500, including the cleaning fee of $40. We started a yelling match and in the end I stupidly signed his form to get him out of my home. He is over 6’ tall and I’m about 5’. Furniture damage was discovered after he left & I have dated picture without damage. Need to know if letter is legally binding. Thank you very much.
A: Damages found after signing the document likely can still be charged for. In the end, it does not matter what condition something is in before they move out, only after they have vacated and restored possession to you. But if things are in the same condition after they are out that they were when you signed a document certifying everything was fine, you likely have a problem. You simply let yourself be coerced into signing something you knew was inaccurate - something you never, ever, should do and this may be a relatively cheap price for learning that lesson the hard way. If someone is in your home and refuses to leave when asked, you call the police. Period. Your posting is also concerning when you refer to a $40 cleaning "fee". First $40 does not clean much of anything and second, fees like that are generally illegal. You can charge whatever needs to be charged for actual repairs, cleaning, etc. that needs doing. But you cannot decide ahead of time how much that will be and simply charge a flat fee in a lease for cleaning, the same fee regardless of whether it is left almost spotless or as a total pig-sty. You have 31 days from when they restore possession to you to either refund all amounts held or to provide them with a written accounting of how much is being withheld and why.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
