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October 2013 Moms
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Who's been sued?

muffyvonmuffmuffyvonmuff member
in October 2013 Moms
Give me some pointers especially if it has to do with landlord/tenant.  Somehow we've made it 6 years in the landlord game without getting a court summons. Basically we gave our tenant back about half of his deposit back after deducting for carpet cleaning, furniture removal, and cleaning things he didn't like the oven/refrigerator/bathroom.  I have a few receipts and about 15 pictures I took which he was mailed with his itemized deduction and refund check in the 20 day time frame.  He is trying to sue for triple damages.  He never cashed his check we sent him either.  So what can I charge for my personal time in cleaning it?  I am the property manager and my husband is the landlord/homeowner.  So are the hours I took scrubbing shit worth a monetary amount I could document?
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Re: Who's been sued?

  • deedee1017deedee1017 member
    You can't charge for cleaning.it is considered wear and tear. You can deduct for damages but not cleaning, no matter how disgusting it was, unless of course their filth caused permanent damages.
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  • deedee1017deedee1017 member
    Even if you hired someone to clean it, you cannot deduct for it because you would have had to clean it to rent it again anyway.
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  • carawasacarawasa member
    is he suing you for only giving back half of the deposit?
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  • MangoMama82MangoMama82 member
    In Los Angeles every landlord I rented from charged a cleaning fee. I'm talking big corporate leasing companies, and someone who owned a couple of properties. It was in the lease agreement though. Was it stipulated in your lease? If not he might have a case.
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  • Chrisanna0508Chrisanna0508 member
    wedding06 said:
    You can charge for cleaning. As long as it is a fair rate. Just look up what it would cost for a professional and charge a little less. At least in MA that is the case. Did he acknowledge receipt of the deposit return and the itemized damages? Like by signing a certified letter? Do you have some sort of proof that you sent it within 30 days of move out? So MA is very pro tenant. The law here regarding security deposits is that 1) the tenant must get a security deposit receipt and apartment condition statement within 15 days of move in 2) upon move out the landlord has 30 days to return the deposit or send an itemized list saying why the deposit was held. The deposit also should have been in a separate escrow account so any interest accrued should be sent to the tenant. Basically if the landlord fails to do any of the above then the tenant can sue for triple damages. I worked as a property manager professionally for 8yrs (before my animal career) and I never had a tenant actually sue. I had threats and I would highlight the law for them and they would back down. Did you take pics of the place? Pics speak a thousand words! Side note: how is he going to afford a lawyer? Is he taking you to The Peoples Court? I have always wanted to go on that show!
    Yes! People's Court!

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  • BMnatz11BMnatz11 member
    I don't really know about all the legal stuff, but wanted to comment that cleaning the carpet and standard things (fridge, oven, bathrooms, etc) have always been stated in the lease...carpet professionally cleaned especially. This has always been the case and we have rented A LOT of homes (DH is in the Army).
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  • deedee1017deedee1017 member
    When my mother was a landlord she had a terribly dirty Tennant. They actually went to court and she was told she had to refund the money because cleaning was considered normal wear and tear.
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  • jennlinjennlin member
    jgslr said:

    I've been sued, but not this kind. Sorry.

    This, lol.

    I would say documenting is your best friend, which it sounds like you did, so good luck!


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  • muffyvonmuffmuffyvonmuff member
    Im called maid companies, they charge $75-$90 per hour and it took me 5 hours to get the apartment ready.  Im charged $20 per hour for my cleaning.  His tub and oven were super gross.  I had to re-caulk the tub and scrape the oven bottom clean, I can't accept this as move-in ready condition.  The oven was new when he moved in so it was spotless.  

    DH wants to settle because he doesn't want to go against a lawyer.  Im completely confident that we are in the right.  We sent the itemized list of deductions with photos in the correct time frame.  We gave him a move out checklist one month prior to move out with common charges such as "cleaning of oven and stove top: $30".  Im pretty sure he is sleeping with this lawyer and thats why he has one.  

    Im so mad about this RAR!  
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    Baby Muffy Due July.8.2015!



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