Encanto at Dos Lagos

Mr [redacted] , The charges that were assessed were indicated in your lease agreementI have attached your lease for your so you may reviewWith the charges that were assessed you received credit for a month residency in the amount of $which a full paint fee is $leaving a balance owed of $Plus a carpet cleaning fee charge of $and a final utility fee of $Totaling $Leaving a balance refunded of $which a check # [redacted] was issued on 7/29/In August we revised your move out statement crediting you day of rent back due to the apartment was rentedWe credit $and a check# [redacted] on 8/31/Allowing your total refund to be $ You can find this information in the leaseYou can go to page of the lease agreement under When Moving Out section Cleaning it states: You must thoroughly clean the dwelling, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports and storage roomsYou must follow move-out cleaning instructions if they have been providedIf you don't clean adequately, you'll be liable for reasonable cleaning chargesSection Move -out inspection: You should meet with our representative for a move-out inspectionOur representative has not authority to bind or limit us regarding deductions for repairs, damages or chargesAny corrections, modification, or disapproval before final refunding or accountingOn page Standard Cleaning & repair charges: If the apartment is in need of cleaning or repair, the following estimated charges will be used as a guide to assess amounts to be deducted from your security deposit and charged to you, if the amount assessed exceeds your security depositPlease note that this is not a complete list of all possible estimated charges that you may incur when your apartment is inspectedPlease also note that these charges are estimates only to give you an idea of the charges you may incur for particular itemsYou may be charged more than the maximum, depending upon the costs or chargers we incurPlease leave a forwarding address on file with the office

I am rejecting this response because:
Unfortunately, nothing new was added to your last response to this matterYou did not address the fundamental question that is needed for you as landlord to withhold monies from our security deposit: Proof/evidence that painting and carpet cleaning was required for our unit which could be demonstrated by comparing dually-signed moand move-out reports and/or pictures of the claimed damage.We once again maintain that neither the walls nor carpet were damaged on move-out and were exactly in the same clean condition as rentedYou have referred to the lease vaguely in many instances, however, there IS NO language that permits you to withhold charges without demonstrating negligence (see #above)Referring to a list of "Standard cleaning and repair charges" is meaningless without documentation providing the work done on the list was required.We continue to dispute two of the claimed charges ($full paint fee and $carpet cleaning fee) and request a total refund of $from our security deposit

Mr. [redacted],
The charges that were assessed were indicated in your lease agreement. I have attached your lease for your so you may review. With the charges that were assessed you received credit for a 12 month residency in the amount of $103.33 which a full paint fee is $310.00 leaving a balance...

owed of $206.67. Plus a carpet cleaning fee charge of $65.00 and a final utility fee of $65.11. Totaling $336.78. Leaving a balance refunded of $163.22 which a check #[redacted] was issued on 7/29/16. In August we revised your move out statement crediting you 3 day of rent back due to the apartment was rented. We credit $203.63 and a check#[redacted] on 8/31/16. Allowing your total refund to be $366.85.
You can find this information in the lease. You can go to page 5 of the lease agreement under When Moving Out section 38. Cleaning it states: You must thoroughly clean the dwelling, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports and storage rooms. You must follow move-out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges. Section 39. Move -out inspection: You should meet with our representative for a move-out inspection. Our representative has not authority to bind or limit us regarding deductions for repairs, damages or charges. Any corrections, modification, or disapproval before final refunding or accounting. On page 38 Standard Cleaning & repair charges: If the apartment is in need of cleaning or repair, the following estimated charges will be used as a guide to assess amounts to be deducted from your security deposit and charged to you, if the amount assessed exceeds your security deposit. Please note that this is not a complete list of all possible estimated charges that you may incur when your apartment is inspected. Please also note that these charges are estimates only to give you an idea of the charges you may incur for particular items. You may be charged more than the maximum, depending upon the costs or chargers we incur. Please leave a forwarding address on file with the office.

Mr. [redacted] & [redacted],
The carpet was not cleaned prior to you surrendering the property back to us. Nor where the wall painted. As items needed to be touch up to restore the property to its original condition. When the property was given to you at move in the property was professionally cleaned, freshly painted & the carpets where just installed. At the time receiving the apartment back from you these items where not given back in the original manner. Per your contract you are responsible for any repairs and cleaning to restore the apartment to its original condition. The fees that our being charged to you are very minimal. As we did not charge you for each items that was cleaned per page 38 of the lease. I have re attached the lease for you. You will want to read page 1 section 11. early move out. Also page 5 Move out section 38. Cleaning & section 39. Move out inspection also section 40. Security deposit deduction and other charges. Finally page 38 Standard cleaning and repair charges.