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riedberd

Non refundable cleaning charge

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Less than 24 hours ago I paid the landlord $300.00 non refundable cleaning fee. I called him back today to rescind the deal since I found out I am going to be laid off from my job. I have not moved in to the apartment yet and it is not a lease, it is month to month. The landlord is refusing to refund the cleaning fee even though I have not even stepped foot into the aprtment other than when he showed it to me. Can he legally keep the cleaning fee?

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Not clear what "deal" you're referring to, but I gather you agreed to lease a property. Otherwise, wouldn't be clear why you'd pay someone a nonrefundable cleaning fee. Also weird that you would have been asked to pay a nonrefundable cleaning fee vs. a security deposit.

"... it is not a lease, it is month to month."

This seems to imply that you think a "lease" has to be (i) long-term and (ii) in writing. Neither is true.

"Can he legally keep the cleaning fee?"

That's for a court to decide when you sue him for it. I would presume he's also going to sue you for at least a month's rent if you're reneging on an agreement to lease a place.

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By deal I meant the agreement I signed that the cleaning fee was non refundable and that the rent was $590.00 a month. I was not to begin occupying the residence until September 20 but I found out last night that I am going to be laid off indefinitely from my job beginning this Friday. I called the new landlord first thing this morning to tell him I wasn't going to be able to afford the rent and needed to back out of the month to month agreement. I thought that most contracts have a rescind period. Mortgages do and so do car purchases. Why should this be any different?

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