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  1. #1

    Default Landlord Charging for Full, Clean, Paint and Pet Treatments

    My question involves landlord-tenant law in the State of: Texas

    My daughter singed a year lease without a security deposit in 8/2011. she gave notice in 4/12 to move out. we moved her out on 5/11/12. she paid all her rent and turned in her keys on that day. In 9/12 she received a bill for $293 for full clean, full paint and pet treat for carpet. My daughter never owned a pet. We disputed the charges. They sent 29 pictures and asked for payment in full. We sent a demand letter and asked for itemized detail of charges, also expressed that pictures showed normal wear and tear not damages and that my daughter did not own a pet and that the carpet did not smell because we were personally there moving her out. We filled nail holes but did not vacuum because we inadvertently packed the vacuum cleaner early on under all her other belongings. Her bathroom was not cleaned very well but there was no damage left, it just needed a good cleaning. They sent the bill to collections who are now calling and demanding payment practically daily. What recourse do we have. They inspected the apartment 2 1/2 months after she moved out. Charged her for common area clean up even though she had not lived there for the remainder of the lease term. When we disputed the charges they removed the words "Pet treat for carpet" but the $293 total is still the same. Can they do that? change the bill to not reflect a pet treat charge, not give us an itemized list of charges, inspect the premises 2 1/2 months after she moves out? The law seems very specific when there is a security deposit involved but my daughter did not have one. Any advice would be greatly appreciated.

  2. #2
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    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    "We" have no recourse. Your daughter is the one who signed the lease. You play no role in any of this.

    You mention that your daughter did not live there for the remainder of the lease term. Are you saying that she broke her lease early and moved out prior to the lease ending. If so, when you say she "paid all her rent" do you mean up until 5/11/2012 or up until her lease would normally end? Was she living with roommates and if so, did they have pets?

    Gail

  3. #3

    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    my daughter did not break her lease. she paid all rents due to the end of her lease. She was living with roommates but none of them had pets. My daughter owns a down/feather pillow that shed some down/feathers on the carpet that may have made them think she had a pet, but she did not. so, what is her recourse since she is being charged for something that she is not responsible for.

  4. #4
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    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    You stated, "My daughter singed a year lease without a security deposit in 8/2011." A one year lease starting on 9/1/2011 would typically end on 8/31/2012. You then say "she gave notice in 4/12 to move out. we moved her out on 5/11/12." When you say "she paid all rents due to the end of her lease", are you stating that she paid rent through the end of August, even though she moved out early? If not, what are you saying? (I'm inferring that the lease term ended on 8/31 from the fact that the notice regarding the deposit was sent on 9/12 - if that's not correct, please share the relevant facts.)

    Also, given that the notice was received on 9/12, whatever the condition of the unit happened to be on 5/11/12, her roommates were in possession for almost three additional months. If they didn't clean, brought in pets, or otherwise caused damage between the date your daughter moved out and 8/31, you would not have seen that damage at the time your daughter moved out because it had not yet occurred.

    Are there pictures of any stains on the carpet attributed to pets? I'm not thinking that the landlord is confusing down pillow feathers for pet damage. Also, if there were a bunch of feathers floating around the room almost four months after your daughter moved out, it does not appear that her roommates were particularly diligent about cleaning.

  5. #5

    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    she paid all rents due through 8/31/12. Her charges are for her bedroom which was locked after she left. not for the common areas of the apartment.

  6. #6
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    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    " They sent 29 pictures and asked for payment in full. We sent a demand letter and asked for itemized detail of charges, also expressed that pictures showed normal wear and tear not damages"

    Just a guess but I suspect that management felt they fulfilled their obligation to provide you with needed information with the 29(!) pictures they sent, believing these met the criteria of itemized detail of charges...and when you continued to state these showed normal wear and tear and not damages simply turned this over to a collection agency to deal with the issue.

    I suppose your daughter could pay the $293 charge (to get the collection agency off her back from calls), still disputing this amount and then turn around and consider suing for this money in Small Claims court but at some point one has to decide at what point this becomes more trouble than this is worth.

    Gail

  7. #7
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    Default Re: Landlord Charging for Full, Clean, Paint and Pet Treatments

    Quote Quoting arlenehawkins
    View Post
    she paid all rents due through 8/31/12.
    Quote Quoting arlenehawkins
    View Post
    In 9/12 she received a bill for $293 for full clean, full paint and pet treat for carpet.....
    So the statement was issued to her less than two weeks after her lease ended and the premises were restored to the landlord. In any event, the requirement for "refund [of] a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises", with an itemized explanation of deductions, would only apply if there were a security deposit, and you state that there was no security deposit.
    Quote Quoting arlenehawkins
    Charged her for common area clean up even though she had not lived there for the remainder of the lease term.
    Quote Quoting arlenehawkins
    Her charges are for her bedroom which was locked after she left. not for the common areas of the apartment.
    I'm seeing a bit of tension between those two statements.
    Quote Quoting arlenehawkins
    When we disputed the charges they removed the words "Pet treat for carpet" but the $293 total is still the same.
    So... coffee stains? Tea? Soda pop? (Remember, we can't see the pictures.) It's quite possible that whatever the landlord thought of, initially, as a pet issue was due to the tenants spilling beverages or other liquids and not cleaning them up. (In student housing you can even get the, "Oops - didn't make it to the porcelain god in time for my 'prayer'... maybe I'll put an area rug over the stain.")

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