Q: I lived in a rental property for 17 years. After giving proper notice and moving out I received a bill for $5500.
The bill includes fees for cleaning, painting, paint, maintenance, materials, carpet, vent cleaning and more. Are these legitimate fees? They haven’t performed maintenance, painted or replaced the carpet in 17 years. Wouldn’t they have done that anyway? We had pets and paid a pet deposit. My husband smoked in the home as well which was not forbidden. I understand some of the fees but $5500 seems excessive.
A:
In most rental situations, normal wear and tear is expected and should not be the tenant's financial responsibility, especially over a 17-year tenancy. However, there are some nuances to consider:
1. Cleaning: If you left the property in a condition that required cleaning beyond what is considered normal, the landlord may charge you for the additional cleaning costs.
2. Painting and carpet replacement: After 17 years, painting and carpet replacement would likely be considered normal wear and tear. Unless there was significant damage caused by smoking or pets, these costs should generally be the landlord's responsibility.
3. Pet deposit: The purpose of a pet deposit is to cover potential damage caused by pets. If the damage exceeds the amount of the deposit, the landlord may charge additional fees.
4. Smoking: Even if smoking was not forbidden, it can cause significant damage to a property. If the landlord can demonstrate that the smoking caused damage requiring repair or additional cleaning, they may charge you for it.
5. Maintenance: Regular maintenance is typically the landlord's responsibility, unless the need for maintenance was caused by your negligence or misuse.
$5,500 does seem like a high amount, given the length of your tenancy and the expected wear and tear over that period. You should request an itemized list of the charges and dispute any that you believe are unreasonable or not your responsibility. If you cannot resolve the issue with your landlord, consider seeking legal advice or assistance from a local tenants' rights organization.
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.