Can My Landlord Charge For That?

[jigsalot]

I just returned from an end of tenancy walk through with my landlord. I left the place spotless...much cleaner than I found it...even steam cleaned the carpets though I was there less than 4 months and carpets were clean enough. Although not mentioned anywhere in the signed Residential Tenancy Agreement and never mentioned by her until today, she plans to charge me $200 for carpet cleaning. Can she legally do that?

[Liquidnails]

Read this: http://www.rto.gov.bc.ca/documents/Fact ... TB-109.pdf

[Libelle]

If it was not in your tenancy agreement then she can not charge you.

http://www.rto.gov.bc.ca/documents/gl01.pdf

CARPETS
1. At the beginning of the tenancy the landlord is expected to provide the tenant with clean carpets in a reasonable state of repair.
2. The landlord is not expected to clean carpets during a tenancy, unless something unusual happens, like a water leak or flooding, which is not caused by the tenant.
3. The tenant is responsible for periodic cleaning of the carpets to maintain reasonable standards of cleanliness. Generally, at the end of the tenancy the tenant will be held responsible for steam cleaning or shampooing the carpets after a tenancy of one year. Where the tenant has deliberately or carelessly stained the carpet he or she will be held responsible for cleaning the carpet at the end of the tenancy regardless of the length of tenancy.
4. The tenant may be expected to steam clean or shampoo the carpets at the end of a tenancy, regardless of the length of tenancy, if he or she, or another occupant, has had pets which were not caged or if he or she smoked in the premises.

[Libelle]

As well unless specified in your tenancy agreement about who shall clean the carpets (be you, the landlord or a proffesional company) you can do the cleaning (properly) yourself as it may work out cheaper for you.

[Captain Awesome]

I bet they wanted them "professionally cleaned".

[samsquench07]

Just take them to the rental board, or whatever they call it. You will win for sure. Plus 1.5 x your money owed I believe.

I had a landlord pull that crap a few years back. I cleaned the place spotless just like you, and they tried keeping my damage, because I had a dog, even though they agreed I could have a dog, plus paid extra 50 bucks per month while I was there to keep the dog.

Took them to rental dispute, and won, plus then some. Most stuff landlords try to pull is crap. Normal wear and tear doesn't count to keep your damamge deposit. Its worth the fight, just to prove them wrong. Just for the fact.

[Hmmm]

Once when I rented, I turned in my notice and told them I was paying my rent minus my deposit. I said I would have the place very clean but I needed the money to move. They accepted that as we were good tenants but didn't like it. It takes much longer then 30 days to take you to court and since we moved and cleaned the place, what can they really do? Sue me for money I don't owe?

[samsquench07]

I believe it is the law that the landlords can never keep your damage deposit. They always need to take you to tenant arbitration first, and prove their case. So technically, the tenant can always take their money until proven otherwise

I don't know about otherwise, but this is a common famous stunt pulled by landlords in Kelowna for as long as ive rented here. They all pull this crap.

[fluffy]

If they're insisting on"professional" cleaning I wouldn't be the least but shy about insisting they back up the deduction with a copy of the receipt. I've helped my kids move from place to place in Vancouver a few times and it seems that this is par for the course down there, they have to be out of the old place by noon on the last day of the month and can't get into the new place till noon on the first day of the month. This gives the landlords a window for repairs and carpet cleaning and such. Still, it wouldn't hurt to ensure that what they are charging you for actually takes place. My kids were once face to face with a pretty blatantly groundless attempt to hold back their deposit, the landlord reconsidered when arbitration was imminent.

Landlords are entitled to keep enough of the damage deposit to cover damages that fall outside "normal wear and tear", but the tenant is responsible to leave the premises clean. Carpet cleaning falls in a sort of grayish area. Just make sure that what you are paying for is actually required, and actually done. Always a good idea to take photos when you move in, and when you leave.

[Ken7]

I believe it is the law that the landlords can never keep your damage deposit. They always need to take you to tenant arbitration first, and prove their case. So technically, the tenant can always take their money until proven otherwise

I don't know about otherwise, but this is a common famous stunt pulled by landlords in Kelowna for as long as ive rented here. They all pull this crap.

Are you certain on the deposit issue or is that your opinion? I always CAUTION unless it is fact of law or a reputable lawyer is stating it, it may cause you grief!

You certainly have the right to challenge their decision by the Act.

A point many fail to consider, if you are a tenant who avoids responsibility or leaves a property in unacceptable condition, do you think there are other Landlords who will want you?

There is a site where landlords are getting together and they do not have to rent to all applicants who apply!

[gummibear]

I believe it is the law that the landlords can never keep your damage deposit. They always need to take you to tenant arbitration first, and prove their case. So technically, the tenant can always take their money until proven otherwise

I don't know about otherwise, but this is a common famous stunt pulled by landlords in Kelowna for as long as ive rented here. They all pull this crap.

Your information is incorrect. A landlord can keep the damage deposit but they have to send you a letter explaining why they did so, within 30 days (not 100% sure on the timeframe). It is then up to you as a tenant to take them to rental court if you disagree with that.

If a tenant told me that they are "keeping" their damage deposit by only paying 1/2 months rent on their last month I would certainly not be happy. There is a reason it is called a damage deposit - so that the landlord can pay for damages caused by the tenant should they have occurred. It's purpose is not to pay for rent. In almost all cases you don't see the damage until a tenant has left. How I would deal with such a situation would entirely depend on my relationship with the tenant (as mentioned in a previous post). If they've always been good tenants and I have reasonable confidence that they have kept the unit in good condition, I would let it slide.

As always, there is bad apples amongst landlords and tenants, and they ruin it for everyone else.

ETA: To the original poster, did you keep receipts from the carpet cleaning? That would certainly help in court to show that the carpets were indeed cleaned. I don't think the landlord can insist on professional cleaning unless specified in the contract.

[jigsalot]

Thanks for all the informative posts...all helpful. Landlady stated yesterday that we will get back our damage and pet deposit in full and then write her a cheque for $200 for the professional carpet cleaning...no extra fees or carpet cleaning of any kind are mentioned in our rental agreement. The house is not lovely, nor was it clean, grease build up in kitchen, grimy (smokers) windows when we moved in, black mould in the bathroom. We just felt so lucky to be 5 minutes away from where we were building our new house and...as it was a short term rental...felt there was no point in complaining (although I did take pics of the black mould early in the tenancy). She locked us out of the kennel yard even though that is included in the lease and was the primary reason for renting this location. She didn't do a pre-rental inspection form or a post rental inspection form even though we offered to make ourselves available at her convenience. There were lots of red flags we ignored because we were in a time crunch.

[gummibear]

Thanks for all the informative posts...all helpful. Landlady stated yesterday that we will get back our damage and pet deposit in full and then write her a cheque for $200 for the professional carpet cleaning...no extra fees or carpet cleaning of any kind are mentioned in our rental agreement. The house is not lovely, nor was it clean, grease build up in kitchen, grimy (smokers) windows when we moved in, black mould in the bathroom. We just felt so lucky to be 5 minutes away from where we were building our new house and...as it was a short term rental...felt there was no point in complaining (although I did take pics of the black mould early in the tenancy). She locked us out of the kennel yard even though that is included in the lease and was the primary reason for renting this location. She didn't do a pre-rental inspection form or a post rental inspection form even though we offered to make ourselves available at her convenience. There were lots of red flags we ignored because we were in a time crunch.

If she didn't do a move in or move out inspection she would be very hard pressed to prove in court why she should get the damage deposit. Sounds like you will get back the full deposit - you can then refuse to cut her the $200 cheque and see what she does about it.

[Libelle]

Unless the tenant signs over part (stating the amount to be deducted) or all of the damage or has an order to keep part (as per RTB) then the landlord has 15 days to return the damage deposit. Unless it was agreed to that the cost of the carpet cleaning be paid to the landlord in the tenancy agreement.

[Libelle]

Thanks for all the informative posts...all helpful. Landlady stated yesterday that we will get back our damage and pet deposit in full and then write her a cheque for $200 for the professional carpet cleaning...no extra fees or carpet cleaning of any kind are mentioned in our rental agreement. The house is not lovely, nor was it clean, grease build up in kitchen, grimy (smokers) windows when we moved in, black mould in the bathroom. We just felt so lucky to be 5 minutes away from where we were building our new house and...as it was a short term rental...felt there was no point in complaining (although I did take pics of the black mould early in the tenancy). She locked us out of the kennel yard even though that is included in the lease and was the primary reason for renting this location. She didn't do a pre-rental inspection form or a post rental inspection form even though we offered to make ourselves available at her convenience. There were lots of red flags we ignored because we were in a time crunch.

You can file a claim for services not provided but agreed upon (signed in the agreement). If no form was done and your landlord wants to claim any damages the best of luck to her. The burden of proof lays with her to prove you did any damage. As for the mould well in good ol Ktown there are no health standards in which the act can fall back on. You may want to tell the landlords about what it means not to provide services that ou paid for. Also do not cut her a cheque. If she gets all excited about it tell her to file. Do not say anything until you have cashed your damage deposit cheque about you giving her anything for the carpt cleaning. It will be a long up hill battle even if you win your case. You would have to enforce the monetary order for your damage deposit through small claims.