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  1. #1
    Join Date
    Dec 2009
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    1

    Default Lease Includes Clause That Tenant Must Pay Standard Exterminator and Cleaning Fees

    My question involves a security deposit in the State of: Massachusetts

    My roommate and I signed a 14 month lease at a relatively large apartment complex (more than 2 units) that expired last month. We left the apartment in pristine condition with no damage or problems of pests and have received our security deposit back with the following deductions itemized: a $75 cleaning fee and $125 exterminator fee.

    We were confused by these deductions inititially based on the great condition of the apartment but it appears that when we signed our 20 page lease (yes, it was that long) back in August 2008, we as tenants agreed to pay a "standard" cleaning fee and "standard" exterminator fee, despite the condition of the apartment. As stipulated in the cover letter that accompanied our returned security deposit, these fees were subtracted from our security deposit.

    What is troubling, the invoice that the landlord provided for the exterminator/fumigation services of the apartment is dated 9/22/09 (when we still lived in the apartment...a month before we moved out) and we were never made aware of this supposed standard extermination, which makes me question the legitimacy of whether the service was actually preformed. Plus, I believe Massachusetts law requires 48 hours written notice of an extermination, which we did not get and therefore we never prepared accordingly for the service (i.e. remove plants, cover food, cover mattresses, etc).

    My question is...is it an illegal lease clause in Massachusetts to have tenants pay for mandatory "cleaning services" despite the fact the apt. is in very clean condition? Also, MA law stipulates landlords are responsible for extermination services for dwellings of two or more units. Since though we agreed to a standard exterminator fee in our lease, are we now obligated to pay or is this also an illegal clause?

    Any thoughts/advice is much appreciated!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Lease Includes Clause That Tenant Must Pay Standard Exterminator and Cleaning Fee

    I can't see anything in Massachusetts law that would make those fees unlawful, if described in your lease. You can look through the landlord-tenant statutes here.

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