Is the so called "redecorating fee" or non-refundable deposit legal?
Patrick Wu
My apartment collects $50 non-refundable deposit (redecoration fee) and another
$100 non-refundable deposit for keeping a pet. On top of that there is another
$150 security deposit. When I moved, I thought the $150 should cover the
cleaning, but the apartment charged me another $125 for that.
Is the non-refundable "security" deposit legal?
Patrick
David Thomas
If that's what you agreed to in the lease, why do you think it would
not be? I assume you're not in a jurisdiction with rent control.
Dave T.
Patrick Wu
>wu...@arrowsmith.com (Patrick Wu) wrote:
>My apartment collects $50 non-refundable deposit (redecoration fee) and another
>$100 non-refundable deposit for keeping a pet. On top of that there is another
>$150 security deposit. When I moved, I thought the $150 should cover the
>cleaning, but the apartment charged me another $125 for that.
>Is the non-refundable "security" deposit legal?
>
)not be? I assume you're not in a jurisdiction with rent control.
)
)Dave T.
One thing I can think of is the unequal bargaining power. Or if all the apts
are doing the same practice that you have no choice but to agree or to buy a
house which you can't afford or are not qualified to borrow. Sign it or else.
Joseph Bret Wood
David Thomas <dth...@unix.asb.com> wrote:
>wu...@arrowsmith.com (Patrick Wu) wrote:
>
>>My apartment collects $50 non-refundable deposit (redecoration fee) and another
>>$100 non-refundable deposit for keeping a pet. On top of that there is another
>>$150 security deposit. When I moved, I thought the $150 should cover the
>>cleaning, but the apartment charged me another $125 for that.
>>Is the non-refundable "security" deposit legal?
>
Perhaps because there is a law stating that non-refundable deposits are
illegal. There are lots of laws which specify limitations as to the
terms of a rental/lease agreement. In Oregon it is illegal to require
a security deposit which is more than one months rent (I think), and it
is illegal to require the last month's rent up front (I know).
-Bret Wood
-bret...@cs.uoregon.edu
David Thomas
>)If that's what you agreed to in the lease, why do you think it would
>)not be? I assume you're not in a jurisdiction with rent control.
>)
>)Dave T.
>One thing I can think of is the unequal bargaining power. Or if all the apts
>are doing the same practice that you have no choice but to agree or to buy a
>house which you can't afford or are not qualified to borrow. Sign it or else.
What makes you think unequal bargaining power would make a contract
unenforceable? In most jurisdictions contracts of adhesion are
construed against the draftsman, but if they are clear they are
completely enforceable as written. Ever try to negotiate the terms of
a life insurance policy?
Dave T.
Scott Chilcote
: My apartment collects $50 non-refundable deposit (redecoration fee) and another
: $100 non-refundable deposit for keeping a pet. On top of that there is another
: $150 security deposit. When I moved, I thought the $150 should cover the
: cleaning, but the apartment charged me another $125 for that.
: Is the non-refundable "security" deposit legal?
: Patrick
I'm assuming that you didn't trash your apartment. If you left garbage, dirt,
didn't bother to clean the oven, etc., then your landlord may have been justified
in requiring cleaning expenses. Your lease usually covers what cleaning your
landlord expects when you leave. If you did a good job of cleaning up -- or, if
your lease specifies that the $150 in prepaid fees will be used to clean --
you can check two things. The first is the wording of your lease regarding the
handling of the security deposit. Most of the apartment leases I've seen provide
that the landlord will refund the security deposit unless it is required to
cover damages beyond normal wear and tear.
If this is the case, you have a basis to work from. The next thing to check is
if your state has any laws that protect renters. Virginia and Maryland, for
instance, have Tenant Landlord Acts that have explicit guidelines that cover
the handling of the security deposit. There are things the landlord must do
before charging expenses against your deposit, and the expenses must be clearly
defined. If you call your state government office's information number (most
phone books have a section for state government numbers) they'll probably be
able to send you some information.
Then, of course, you write a letter requesting a refund of the excessive
cleanup fees, send it certified, and wait. And if they don't pay and you
feel wronged, head for small claims court.
The first time I had an unscrupulous landlord gouge my security deposit for
several unjustified expenses, I sent a certified letter the very next day.
The result was an almost-complete refund a few days later!
--
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Scott Chilcote - AiC/NT/RTP Mail: sco...@cybernetics.net
Mike McGinn, Esq.
>My apartment collects $50 non-refundable deposit (redecoration fee) and another
>$100 non-refundable deposit for keeping a pet. On top of that there is another
>$150 security deposit. When I moved, I thought the $150 should cover the
>cleaning, but the apartment charged me another $125 for that.
>Is the non-refundable "security" deposit legal?
>Patrick
Patrick, you did not say what state you are in. Generally the type of
charge you are referring to is ok if it is what you agreed to as part
of your lease. In the absence of a lease you need to check your states
laws to see what conditions are imposed by your state.