Cleaning fee assessed to security deposit without inspection

[mmff]

I moved out from an appartment in April.
I sent a written move-out notice 30 days prior to the move out day, requesting to schedule an inspection.
Rental office did not respond to me, so I went to the office maybe 2 weeks before the move out, and talked with one staff. She said that the inspection was not mandatory, and the only fee that will be assessed will be re-painting fee. I tried to make the case that we would need an inspection so as we don't disagree with the outcome. She wouldn't say "okay let's arrange one", instead she kept saying "it's not mandatory...".
(I am not in talk with this person and she keeps repeating "I never deny inspection request, and I have never done that")

So I gave up an inspection, and had professional cleaning agent to do move out cleaning.

Later the appartment charged me $110 with cleaning fee, saying that there was some stains. There is no physical evidence that there was stains. I didn't see any stains when moved out.
In any cases $110 looks awfully expensive to just remove some stains.

If I bring this whole story to small claims court, can I win this case?

Your advice appreciated.

 

[mightymoose]

Can you win? Yes.
Will you win? That really depends on how well you present the information.

There is a good chance that if you file suit the landlord will simply give the money back to avoid going to court over such a small amount.

When you moved out you should have taken thorough pictures of the entire residence. If the landlord found stains or other damage then the landlord should also have documented and photographed the damage.

If you can get any kind of statement from the cleaning company regarding the absence of any stains then that will help.

If the landlord can't produce photos of the stains and receipts for the cleaning then you should get it back.

 

[mmff]

Thank you for your reply!

Thank you so much, this is encouraging. I will contact the office and ask for the pictures. In the meantime I will try to contact the cleaning agent to see if they can supply with the evidence of the condition after the cleaning.

Again, thank you for your advice.

 

[mmff]

Hello mightymoose,

If you are still checking this thread.... this is what I got from the retal office when I asked for the picture of the stains.

>It is not necessary to take pictures of every one's carpet that moves out and requires >regular cleaning. If it is a standard clean, which what you got charged.

It looks like they changed their mind and saying the cleaning was "regular cleaning".
Anyway I think they didn't document anything so I think it is more likely that I win this case.

Is my understanding correct?

 

[mightymoose]

If they take up that position and refer to it as standard cleaning then yes, you are likely to get your money back. They need to show that there was damage beyond normal wear and tear.
And again, lesson learned, this is why YOU should take photos of everything when the place is empty and you are about to step out the door for the last time.