What are the laws regarding what my old apt. complex can charge me for replacing my carpet?

Question

There was some damage in the bath and it was noted in my move out. She said she was going to get her carpet guy to quote it for repair. (I had the carpets cleaned the day before my final walkthru). No visable dirt, no smell. She said all was fine.A week later she calls and says that her carpet guy found urine under the area in the dining room after pulling up the carpet. Why would he pull it up unless he was looking for something to charge me with? And also the carpet has not been replaced since the complex opened 4 yrs ago. Now they are trying to charge me for it. He was only suppose to quote for a repair to the bath. It doesnt sound legal. Do I have any rights?

Thanks so much for the feedback. No, nothng was done to the carpet after I moved out. I had it cleaned the day before and then had my walkthru. I need to look at my rental contract. But am going to fight them. The walkthru paperwork only notes the repair to the bathroom. Nothing was noted about anything else in the apt.. The only thing I can think is that maybe the carpet pad was still wet from the cleaning...

Answer 1

The standard formula is the cost /estimated life.

If the carpet could be expected to last 5 years (it could be more or less depending on the quality) and cost $1,000, that comes out to $200 per year.

So if the carpet was 4 years old, you would be responsible for $200 of it since the landlord already got 4 years of use out of it and would be paying for a full replacement in 1 year anyway.

If they want you to pay in full for a replacement, fight it.

Judges will pro-rate the cost when you present it the way I outlined.

If the urine was just in the padding, chances are that section of padding could be replaced.

If you did damage, it is legal to charge you for it. They just can't pass on all their costs of doing business to you, but that doesn't stop them from trying.

Answer 2

Well let's see; If I was you I would want to know why you were not told to pull up the carpet when you first went through the inspection. As is conditions are those conditions that you can smell, touch, see, etc. Conditions that are hidden are those conditions that either should be disclosed or an opportunity to be discovered through an inspection be given. Now then the issue of liability as to the conditions apparent now can not be ascertained since it is obvious that you did not rent the unit since the unit was first available so I would want to know who else has been contacted that rented the unit and noticed that a cost might be charged to them. Finally I would want to know what the Landlord Tenant Act in my state says about similar circumstances so I would go to my attorney general's website and look up any pamphlets or rulings relating to such events and the landlord tenant laws, as it relates to damages under the circumstances you described. Then armed with all that I would go see a local real estate attorney that would handle these types of issues in the event that you are called on the "carpet" relating to those expenses.

Answer 3

you should only have to be responsible for a % of the replacement of the carpet ( i assume that you weren't the only one who enjoyed the carpet? ) check with your congressman for information about tenants rights, this should start your search for facts. look for things like how often the carpet must be replaced, or cleaned. after you went through the walk through and she said all was fine, did she sign anything stating that??, did she issue any kind of damage report at that time of the FINAL WALK THROUGH?if you had the carpets cleaned the day before how did urine get under the carpet?, and how did the urine smell stay if it was there when you cleaned it? why were they pulling up the carpet anyhow?

if you have a document stating that everything was fine from the final walk through, then you have nothing to worry about, just take the document to court when that time comes..., also check for the length of time the former landlord may hold security deposit for after tenant has vacated. good luck!!

Answer 4

Your state's laws regarding rental agreements should be available on their web site. Check it out to see what you can be charged for. Expanding the damage after the walk thru doesn't sound right. Check into small claims court that you can handle yourself - it is made for the little guy and you would be surprised how helpful the judge can be if you on ask at the time of the hearing...the clerks can not help you so you have to know the information.

Answer 5

This IS legal. If you damaged the carpet, you're liable.

It is possible he had this stick thing that they can use to detect urine....they're expensive (like $1000) but apartment complexes buy them becuase they pay for themselves-- they can tap it on the carpet and it beeps if urine is there. More than 40-50% of the carpet and they can charge you to replace the whole thing-- AND seal the floors since now they have urine on them too.

ITS EXPENSIVE. Have fun!!

Answer 6

The only thing they can't charge for is basic maintenance and painting the walls. If she charges you, ask for a receipt of her purchase befor eyou pay. If she is scamming you, she won't charge you when you ask for that. They are required to produce a receipt on any repairs they claim needed to be done.

Answer 7

Railroaded

Answer 8

I'm not an attorney, but if you didn't damage it you don't pay for it. The burden of proof is on them to prove you did, so make them prove it. Remember, innocent until proven guilty!!

Answer 9

It all depends so just call the control board or go to the laws.

Answer 10

Your lease agreement will tell you. Read through it carefully.