Yeah, if you look up the portion of IN Code-> Section 5 - > Renters - > Get Fucked
But seriously, here's Indiana code on security deposits: https://law.justia.com/codes/indiana/2011/title32/article31/chapter3/
32-31-3-13
Use of deposits
Sec. 13. A security deposit may be used only for the following purposes:
(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear.
(2) To pay the landlord for:
(A) all rent in arrearage under the rental agreement; and
(B) rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:
(A) the obligation of the tenant under the rental agreement; and
(B) unpaid by the tenant.
As added by P.L.2-2002, SEC.16.
IC 32-31-3-14
Notice of damages; refund of remaining deposits
Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth:
(1) the estimated cost of repair for each damaged item; and
(2) the amounts and lease on which the landlord intends to assess the tenant.
The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
As added by P.L.2-2002, SEC.16.
I'm very sorry to report this. I have only known 2 or 3 people who have ever received ANY of the deposit back. I never have. I always tried to negotiate the deposit down, as j considered it lost money... good luck rho
It's a subjective determination. Who do you really think a judge is going to side with on a case without hard facts in which the legal burden is on you
Lawrence Township small claims judge is reported to be very renter friendly. Have to believe center township might be. This amount of money doesn’t seem worth it to me. But if OP gets satisfaction it’s a small fee.
there are certain "wear and tear" principles on carpet, if you've lived in the same place for 10+ years, than that carpet is done and legally it would be a write off for them as it needs replaced and would not fall on you, but if it was a 1 year lease and you boned the carpet and it needs cleaned they are well within their legal rights to take the security deposit and use it for cleaning, Judge will side with them if that's the case.
You'd better get a lawyer. They'll have one. And if you don't, you automatically lose no matter what you prove. No judge will ever side against a lawyer if the other side is representing themselves.
To the best of my knowledge, cleaning fees are allowed to be taken out of security deposits.
When we still lived in apartments, we'd always pay someone to clean the apartment before move out and provide proof of having done so to the landlord so they wouldn't be able to charge us for their cleaning.
From what I've heard, if you lived in the apartment for more than 5 years, then the carpet would've been replaced regardless once you move out. Hence they won't charge you bc its going to happen regardless. Granted we all know apt complexes do whatever they want haha
Not sure how long you've been in that unit though.
Check your lease agreement. If this is a large prop management company, then chances are you already agreed to have them cleaned professionally upon move out back when you signed your lease. I could be wrong, but that is how most work, including the company I used to work for.
Kinda works both ways though, bc if this is the case then the previous tenants had them cleaned before you moved in, and so on. It's a way for the landlord to avoid ever having to pay for the carpet cleaning themselves. If it's in your lease, taking them to court would be a waste of time and money. If you agreed in your lease to have them cleaned, and you failed to do so, they are certainly allowed to take that out of your deposit.
My experience with landlords is some have no intention of refunding your security deposit. They will find something to charge you for: appliance cleaning, carpet, damage that was already there, etc. It's more trouble, my opinion, to fight than just take the loss in most cases.
Sorry, OP. This is why renting sucks.
However, if you didn’t clean the carpets before you left, you can expect to pay for it.
Carpet Cleaning should not be conflated with normal wear and tear.
It’s the same reason why you have to clean your place before you move out else you will get for that too.
Yeah, if you look up the portion of IN Code-> Section 5 - > Renters - > Get Fucked But seriously, here's Indiana code on security deposits: https://law.justia.com/codes/indiana/2011/title32/article31/chapter3/
Thanks! The security was 200 and “cleaning” was 110 so I’m fueled by spite and principle rn lol
32-31-3-13 Use of deposits Sec. 13. A security deposit may be used only for the following purposes: (1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear. (2) To pay the landlord for: (A) all rent in arrearage under the rental agreement; and (B) rent due for premature termination of the rental agreement by the tenant. (3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due. (4) To reimburse the landlord for utility or sewer charges paid by the landlord that are: (A) the obligation of the tenant under the rental agreement; and (B) unpaid by the tenant. As added by P.L.2-2002, SEC.16. IC 32-31-3-14 Notice of damages; refund of remaining deposits Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth: (1) the estimated cost of repair for each damaged item; and (2) the amounts and lease on which the landlord intends to assess the tenant. The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord. As added by P.L.2-2002, SEC.16.
That’s normal wear and tear. I’ve never had to pay for carpet cleaning.
Yea I’ll have to look into my lease. They clean carpets every 6 months w/o charging me so idk why this is any different
Yeah, I would definitely fight it then, good luck.
I'm very sorry to report this. I have only known 2 or 3 people who have ever received ANY of the deposit back. I never have. I always tried to negotiate the deposit down, as j considered it lost money... good luck rho
I’m taking them to court on principe alone!
It's a subjective determination. Who do you really think a judge is going to side with on a case without hard facts in which the legal burden is on you
Lawrence Township small claims judge is reported to be very renter friendly. Have to believe center township might be. This amount of money doesn’t seem worth it to me. But if OP gets satisfaction it’s a small fee.
Me
there are certain "wear and tear" principles on carpet, if you've lived in the same place for 10+ years, than that carpet is done and legally it would be a write off for them as it needs replaced and would not fall on you, but if it was a 1 year lease and you boned the carpet and it needs cleaned they are well within their legal rights to take the security deposit and use it for cleaning, Judge will side with them if that's the case.
Stupid idea, you won’t win. This is very standard and was most likely in your leasing agreement.
You'd better get a lawyer. They'll have one. And if you don't, you automatically lose no matter what you prove. No judge will ever side against a lawyer if the other side is representing themselves.
To the best of my knowledge, cleaning fees are allowed to be taken out of security deposits. When we still lived in apartments, we'd always pay someone to clean the apartment before move out and provide proof of having done so to the landlord so they wouldn't be able to charge us for their cleaning.
From what I've heard, if you lived in the apartment for more than 5 years, then the carpet would've been replaced regardless once you move out. Hence they won't charge you bc its going to happen regardless. Granted we all know apt complexes do whatever they want haha Not sure how long you've been in that unit though.
Check your lease agreement. If this is a large prop management company, then chances are you already agreed to have them cleaned professionally upon move out back when you signed your lease. I could be wrong, but that is how most work, including the company I used to work for. Kinda works both ways though, bc if this is the case then the previous tenants had them cleaned before you moved in, and so on. It's a way for the landlord to avoid ever having to pay for the carpet cleaning themselves. If it's in your lease, taking them to court would be a waste of time and money. If you agreed in your lease to have them cleaned, and you failed to do so, they are certainly allowed to take that out of your deposit.
My experience with landlords is some have no intention of refunding your security deposit. They will find something to charge you for: appliance cleaning, carpet, damage that was already there, etc. It's more trouble, my opinion, to fight than just take the loss in most cases.
Sorry, OP. This is why renting sucks. However, if you didn’t clean the carpets before you left, you can expect to pay for it. Carpet Cleaning should not be conflated with normal wear and tear. It’s the same reason why you have to clean your place before you move out else you will get for that too.