Consumer Protection Law
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Was there any language in the lease agreeing to pay for painting the unit upon termination of the lease and move-out? Did your son and roommates stay for the entire term of the lease?
I look forward to assisting you as soon as I have received this information. Thank you.
Yes, they stayed the entire time of the lease, gave proper notification of their move out date. We were unable to get the landlord to do a walk-thru with the tenants after 2 separate attempts on the same day. The charges were sent after the apartment was vacated.
In the lease agreement, there is a "wear and tear" schedule with charges for cleaning, painting, etc. It does not state that the tenant is responsible for the charges, just list what they are and the tenants initialed. In the same schedule, it does list that damages to carpets, etc will be charged at 100%. The painting portion says "All painting is charged at a rate of $60 per hour. This charge includes labor and material". There is no mention of lightbulbs anywhere in the lease agreement.
They did also try to charge them $200 for cleaning, but I insisted on a walk-thru with the landlord after that. She was extremely uncooperative, but agreed to take that off the charges since she knew she had refused an in person walk-thru before vacating. Hope this helps.
I will type it in specifically:
Wear and Tear Schedule
1. All painting is charged at a rate of $60 per hour. This charge includes labor and material.
2. All wallboard, carpet/linoleum, window covering, appliances, fixtures, etc. damages are 100% charge regardless of length of residency.
3. All exterior doors, patio/balconies, screens, carports, buildings, etc. damages are 100% charge regardless of length of residency.
4. All interior and exterior apartment and window covering cleaning charges are 100% regardless of length of residency.
5. All smoke damage, pet damage and pest service charges are 100% regardless of length of residency.
6. All carpet cleaning must be professionally performed, arranged for by Resident Manager, and are 100% charge regardless of length of residency.
Below that is a revision schedule of charges basically increasing the painting charge to $65 and hour, and showing the hourly rate for carpet cleaning, and other cleaning charges, for the size of apartment (studio, 1 bedroom, etc.)
There is a line below this that says (resident must initial) and they initialed on that line. It seems to me that the painting purposely excludes the word "damage" so as to imply acknowledgement of the charges. This is my point, the apartment did NOT need repainting, there were a few nail holes, scuff marks where the couch was against the wall, and one handprint over the doorway. Normal wear and tear.
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