Old landlord threatening to sue to get carpets cleaned...

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makaveli662

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I'm hoping some of you can shed some legit legal light on this issue...here are the facts:

Me, my fiancee, and a former friend rented out the bottom level of our landlord's house; all three of our names were on the month-to-month lease. There was no security deposit required. During our residency, me and my fiancee came to realize how utterly careless, dirty, and...unsavory, our 3rd roommate actually was. After living in the house for almost a year, we were notified by the landlord on 8/16/10 that we were being evicted (in order to replace us as residents with their family from Mexico..). Given the sudden notice, me and my fiancee did our best to find a new place (which we did), and moved into it on 9/1; our other roommate was left to fend for herself, and ultimately moved out as well.

Now...given the rush in which we moved, we had all agreed to clean certain parts of the place. Me and my fiancee cleaned our room, the kitchen, and the living room; my roommate had agreed to clean her room, the bathroom, and the fridge (where she had left disgusting rotting food and exploded cans of Pepsi). The landlords had given us until 9/20 to move out and have the place clean. Me and my fiancee have made several trips back to the place to clean, until we were satisfied we had done our part. However, neither we nor the landlords have been able to successfully reach the other roommate (by phone, email, etc.) to have her clean, and have yet to hear back from her. Unfortunately, we have been the only ones responsible enough to maintain communication with the landlord (to return keys, clean, etc.), which brings me to my question(s)...

The landlord is threatening to sue us because we are refusing to pay to have the carpets cleaned. To be clear, the carpets are NOT filthy...it's just ordinary 'wear-and-tear' that a carpet endures over the course of a year. My fiancee (god bless her) vacuumed, scrubbed, and spent all kinds of time cleaning our areas, and is now going back today to take pictures of the place, for record's sake. But are me and my fiancee solely responsible for this, simply because the other roommate refuses to respond to the landlord? Isn't this what a security deposit is for? Are we legally required to comply with the landlord's demand, or are we exempt because of the lack of security deposit initially? My fiancee suggested we just do what our roommate did and just ignore all subsequent communication/threats/etc. from the landlord, and I'm inclined to agree at this point as we've done more than our fair share of cleaning.

What does the community here think? What legal parameters (if any) are we obligated to act in? Any comments/suggestions would be very much appreciated.
 
Your mistake was not giving landlord a deposit. This deposit would help cover any damages that need to be dealt with to make dwelling rentable again. Carpet cleanning is pretty much a norm when preparing a dwelling for new renters
 
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It's important to understand that, in a roommate situation, all tenants are "jointly and severally" responsible for the unit. This means (for example) if said slob of a roommate failed to pay their share of the rent you and your fiancee would still be responsible for paying the entire rent.

The same goes with leaving a rental unit in the same shape as when you moved in. The landlord cannot discern which roommate left what part of the rental unit dirty...and legally doesn't have to. All tenants involved would be responsible for the condition of the place at move out.

I'd suggest that your fiancee's suggestion to ignore the landlord might end up backfiring on the both of you, especially if the landlord knows where you now reside so they can present you with a notice of a lawsuit for the cost of the carpet cleaning.

Gail
 
Not that it matters much now, but why would you have moved out? The landlord did not evict you, because a landlord can NOT evict anybody. The courts can, but the landlord can not. If they incur cost for cleaning the carpets, you will end up paying should they wish to take you to court. Perhaps you can present to the landlord that you did not have to leave when they wanted because only a court can evict you. And a court would not evict you so that the landlord's family can move in, thus, since you granted their wish, and moved, maybe they can cut you a break with the carpets.
 
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