Sorry this may be a little long, but I’m at my wit’s end at this point.
Four years ago I rented an old farmhouse through a realty company. The lease stated that I had to have the carpets cleaned when I moved. When I signed the original lease, the company gave us the keys a couple days early because I ASKED if we could get in early and clean the carpets. The house was old and needed cleaning badly, but I figured I could do it. They gave us permission and never said "don’t worry, they were just cleaned." So I cleaned them and the water from the carpeting was filthy and smelled like urine. Four years later, I am moving out. We’ve been going back and forth about this issue and today they called to tell me that I have to get them done AND that the carpeting was new when I moved in. That carpeting is 20 years old if it’s a day, and had stains.
The lease was also very ambiguous as to the notice I had to give. I gave 30 days as I read that I was supposed to, then they came back and told me that I had to give 60, and that if they didn’t rent it for June I would still have to pay June’s rent. However, they want the keys back May 31, the date I gave in the letter. They’re telling me I have to have a professional come in over Memorial Day weekend? So my second question is, if I’m on the hook for June’s rent, do I have to hand the keys over or can I just say I’m keeping possession until June 30 since I’m paying anyway? I’m really very tempted to NOT pay June’s rent and tell them to keep the security since it’s looking like they’re going to nickel and dime me to death on that.
What’s my best course of action?
Let me be clear; I have been in constant contact with them for the past month. The subject of the carpet was brought up two weeks ago; I told the agent that they had not been cleaned before I moved in and she kept putting me off saying she’d check with the other agent and get back to me. I got my final answer as to whether I had to do this this morning. That’s why I’m in a time pinch, because I moved last weekend and would have had time to get them done sometime this week if I’d known. They were NOT professionally shampooed before I moved in, and if they can show me an invoice that they were, then I’ll do the same.
I understand that a deposit is not rent, I do. But if I pay for this month when I don’t even have access to the house and then they piddle my security deposit away when I’ve done nothing but improve this property, that’s not fair and leaves me with the short end of the stick.
I’ve tried to work with these people and now I’m just afraid this is going to wind up in cour
This is what it says, which obviously I didn’t understand correctly: "This lease will automatically renew for a term of two full calendar months at the ending date unless" etc. Any other lease I’ve had reverted to a month-to-month lease after the end of a year, and I didn’t think this was any different, since there was also a clause specifically mentioning month to month leases.
I suppose my biggest mistake was trusting that they’d be above-board, decent people, especially since I’ve been a model tenant, never called them for anything and only made the place nicer…new stove, new shower, stripped and sealed linoleum floors and landscaping. Go figure.
They cannot both charge you another month’s rent and keep the keys; it’s one or the other, not both.
What does your lease say about notice? If your lease does state that 60 days notice was required, then it doesn’t matter what you "read somewhere," you were obligated to give 60 days notice. If your lease states 30 days, however, then you did what you were supposed to and they cannot charge you an extra month of rent. As you already know, you can’t use the security deposit in lieu of rent.
It doesn’t matter if the carpets were shampooed before you moved in; you agreed to have them professionally cleaned in your lease. After 4 years, this is definitely to be expected. The condition of the carpet before you moved in is irrelevant, unless they are replacing it and attempting to charge you for the full cost.
You need to read your lease and see what notice was required. If 60 days notice was required, then simply pay the extra month of rent, and schedule a professional carpet cleaning for sometime that month. If only 30 days was required, then you do need to have someone come out this weekend, or ask the landlord if he is ok with you hiring a RugDoctor and doing it yourself. Sorry, but you should have had this done when you moved out last week. Your issue here is not the carpet cleaning, but the extra month of rent.