Nina Arshavsky

I rented Mrs. Arshavsky's apt **at [redacted] for five years. I paid a security deposit of $775 in May 2010. I vacated the unit on May 23, 2015, 1 wk prior to the end of the lease. After the first year, Ms. Arshavsky refused to allow me to rent on a month to month basis, because "that would not be good for her." She had a handwritten clause in the lease that required a "professional cleaning at move-out" but there was no fee in writing. When she asked me to pay $200 for cleaning, I did not agree, as it seemed over-priced to me. I told her I would take care of the cleaning. I tried to be cooperative and helpful to Ms. Arshavsky. She imposed on me to show the unit to a prospective tenant myself, as well as other requests, such as measuring the blinds for her, meeting with her handyman to discuss work she wanted done when I moved out, and emailing her results of our discussion of arrangements for the work and the date the unit would be vacated. My new lease started May 22, 2015; I paid prorated rent for the last week of May for the new apartment. I sent Mrs. Arshavsky a check for prorated rent through May 23. Mrs. Arshavsky was anxious that cleaning be done immediately so work to be done on her unit could proceed immediately. She was emailing me wanting to know exactly when I would be out. The final clean-up was completed on May 24, and I called the handyman to let him know I was out, and then sent Mrs. Arshavsky an email. She asked me to give her my address to return my security deposit, and I sent it to her. Mrs Arshavsky, however, only paid me $468.40 of my security deposit because she complained the cleaning was inadequate and that I was required to pay rent through the end of the lease on May 31. I feel this was neither reasonable nor fair, as the unit and vacated so that she could proceed with her work by the agreed date. In my experience paying prorated rent at move out is customary and acceptable with landlords because it is fair.Desired SettlementVery simply I request Mrs. Arshavsky to refund the remaining amount of my security deposit.Business Response In response to my former tenant's complaint, I would like to first convey that I am sorry that at the end of five years she could express only her negative feelings about the experience. The fact that she stayed in my apartment for five years indicates that she was satisfied with my handling of responsibilities as a landlord, as I always promptly responded to all tenants' requests. Below, I will respond to each of my tenant's individual complaints. In my response, I refer to the Residential Rental Contract, signed by both my tenant and myself on May 31, 2014. The copy of the signed contract is available upon request. 1. Complaint about pro-rated check for May payment. Clause 2 of the contract states that the tenant commits to pay rent for the duration of the lease, which is specified to end on May 31, 2015. The contract does not say that the rent should be pro-rated based on the date the tenant moves out. The tenant did not re-negotiate the contract with me and did not ask to pro-rate the rent based on her moving out date. She simply sent me a reduced payment, which was a violation of the signed contract. As a result, I deducted the amount that was reduced from the May payment from the tenant's security deposit.2. Complaint about cleaning. Clause 5c states that the tenant must provide a professional quality cleaning at the end of the lease. Additionally, Clause 16 states that the premises shall be repaired to the state in which the tenant moved in, and all the marks should be removed from the walls and appliances. Prior to tenant moving out, I sent her a list of things which should have been cleaned professionally, which included all appliances, kitchen cabinets, and walls and tiles above kitchen counter and bathroom sink. Additionally, I suggested that if she wanted, I could arrange cleaning with the cleaning service that I use and quoted their price for the previous cleaning of this apartment ($200). The tenant told me that she has her own cleaning service which is cheaper, and I agreed with her choice.Upon examination of the apartment after the tenant has vacated it, I found that although the apartment was cleaned, the quality of cleaning was far from professional. I found dirty spots on the surfaces of the range, inside and outside of the microwave, on kitchen cabinets, and on the walls and tiles above kitchen counter and bathroom sink. As a result, additional cleaning was required. Additionally, there were drawings by markers on the walls in one of the closets, which were re-painted at my expense. The tenant also failed to provide me with the copy of the receipt for professional cleaning upon my request. Therefore, in this case the tenant also breached the contract. Clause 16 additionally states that if the tenant fails to properly clean the premises, she becomes liable for the cost of cleaning which may be deducted from the security deposit, which I have done in this case.3. Complaint about meeting with a handyman. This meeting was not for the handyman and the tenant to discuss the work I wanted to be done in the apartment. This meeting had to result in scheduling the time for the handyman to do some repairs which I wanted done before the tenant moved out. The Clause 9(d) of the contract reserves a right for the landlord to make repairs and improvements as she deems appropriate. Despite my right to do repairs when I find it necessary, during the conversation with the handyman she refers to, the tenant refused to allow the handyman to do the work before she moved out, and thus she breached the signed contract yet again. I respected her objection and waited until she moved out to do the repair work.4. The claim that I imposed on her to show an apartment to the prospective tenant. In my experience with previous tenants, I learned that some of them preferred to show apartment themselves while they were living in it. As a courtesy to my tenant, I offered her a choice to either have me show the apartment or to do it herself. Here is an excerpt from my email to her:"A person is interested in the apptm, and she can view it either tonight, or tomorrow night, or Saturday. Which of the days work better for you?Would you mind showing it yourself? ...Let me know which way you feel more comfortable.Thanks,"On all other occasions when the tenant did not express desire to show the property, I showed it myself, always asking for a time convenient to my tenant.In summary, in most cases of the tenant's complaints, she actually breached the rental contract that she signed with me (see my responses #1, 2, 3). It seems like the tenant's interpretation of fairness is for her to be able to breach the contract whenever she likes without consequences.Consumer Response The response from the business did not satisfy my concerns. I do not accept it.Final Business Response As I have explained in detail in my previous response to the tenant's complaints, her request has no basis. She was the one who did not comply with the terms of our agreement. I don't feel that I need to satisfy her request and I don't plan to.Final Consumer Response Mrs. Arshavsky and I have reached a compromise settlement. Please make a note of this.Thank you.