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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1999
Experience:  Practicing Attorney with 10 years experience
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Did I fulfill my lease terms and am I due my full security

Customer Question

Did I fulfill my lease terms and am I due my full security deposit? And if landlord continues to reject, will I have a good chance in successfully suing my landlord? I have hired professional carpet cleaners and washed the rest of the house by hand. After landlord was not satisfied, I hired licensed professional move-out cleaning service. Landlord was still not satisfied and wants to deduct from my deposit to pay for a different cleaning service. I offered Landlord contact information of my cleaning service so that she could discuss and work with them to come back and get unit to her satisfaction. She refuses to contact them herself and wants me to manage the cleaning but I have little to no time. Also, this might not apply but landlord did not state the conditions of the unit upon move-in(Unit was terrible and not a single spot was clean upon move-in but I have no photographic evidence, just roommates that can attest).
Below is the section of the lease agreement applicable:
"Upon notifying the Landlord of the termination of the Rental Agreement, the Tenant must have the entire Unit cleaned by a licensed professional house cleaner. This includes washing the screens, louvers, refrigerator, washer, dryer, range, tile floors mopped and waxed; showers and toilets cleaned; drawers in the kitchen and closets cleaned; light fixtures wiped and cleaned; carpet must be cleaned by a licensed professional carpet cleaner; and the outside steps cleaned.
The Landlord will do the final inspection and if it does not meet with the Landlord’s satisfaction, then you will not be refunded the deposit of $600. If you choose to have it redone by the licensed professional cleaners, it must meet with the approval of the Landlord. The initial cleaning and any costs to correct the problem will be paid by the Tenant. "
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 3 months ago.

The Landlord is required to act in good faith under the law and i think if you show your valid attempts to comply that a court would likely agree with you and order a refund of your security deposit. I don't like that language that says it should be to the Landlord's satisfaction but again he/she has to act in good faith here.

Expert:  Asad Rahman replied 3 months ago.

Let me know if you have any additional questions otherwise a positive rating is greatly appreciated.

Customer: replied 3 months ago.
Do you believe I fulfilled all the terms of my lease that pertains to moving out? (the section I pasted in the first Question box).
Also I stated that the landlord denied a preliminary inspection but she did allow us time after what she considered the "final inspection" to make corrections. Also, after hiring the professional services for move-out cleaning and the carpet, would I still be responsible for contacting the service again to clean what the landlord was not satisfied with? Or am I able to leave the contact info for the cleaning service with the landlord, obtain my deposit and leave it for her to deal with? (The cleaning service said that the landlord could call them if she still wasn't satisfied and that they would come back if so)
Expert:  Asad Rahman replied 3 months ago.

Yes I believe you have made more than a good fsith effort to comply. A court would likely agree if you had to sue to recover your deposit. Leaving the cleaning service number is ***** because then you will not know what the landlord is nitpicking.

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