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? Nothing 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.
2006-10-30 09:55:06 · 9 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
They have tried this with 4 other tenants in the last 4 months. I cannot get anyone to go in on a class action. Will this affect me buying a house if I let it go on my credit report? Or am I better off getting a lawyer (Which I really cannot afford) to fight it.
2006-10-30 09:56:15 · update #1
I do have a pet and there wasn't any accidents. I would completely own up to it if there was.
2006-10-31 02:01:20 · update #2
Ask to see pictures... if they do not have pictures it will not hold up in court. They can charge you for any thing beyond "NORMAL" wear and tear.
2006-10-30 11:48:57 · answer #1 · answered by Shaunna H 3 · 0⤊ 0⤋
You didn't state whether or not you ACTUALLY had a pet. As other people noted, if the carpet has been replaced, then it must be prorated based on the age of the carpet and THAT is burdon of proof for them. Although you cleaned the carpet, the cleaners don't get all the way to the pad or subfloors. These pet damages seep back up through the pad and back into the wet carpet and you are no better off then when you began.
You cannot photograph odor, so I know a judge will consider that and will understand if management doesn't capture that essence for court, if it would go that far.
If you had a pet, fess up and deal with the issue at hand.
I would go sit down with the management and talk to them about the final charges. If they end up charging you full replacement cost, then I would remind them of the age of the carpet and the prorating issue. It might be your best recourse. Then I would settle on monthly payments to keep it off your credit bureaus. They will not "take it back to court" unless they want a judgement for it. You may still be fighting a losing battle though, honestly.
If you actually had a pet, still is the biggest question on whether you have any leg to stand on.
GOOD LUCK!
2006-10-30 13:37:41 · answer #2 · answered by blondee_n_az 2 · 0⤊ 0⤋
How much are they wanting to charge you? They would help me make any decision as to whether or not I would fight it. In CA carpet damages are pro-rated over 7 years (3 years for paint). Did they say they had to replace the carpet or just the padding and why would there be urine under a table? Did you have a pet?
This is one reason that you should always do a move-in checklist.
As for the move-out not listing the items, well it doesn't really have to because an odor can be masked with perfume or febreeze but then when left vacant it could have really stunk up the place, same goes for a stain that may not show immediately after cleaning but rises a week later.
2006-10-30 10:08:25 · answer #3 · answered by Not Laughing w/ U 3 · 0⤊ 0⤋
They should not be charging you the full amount for the carpet. At the very least, they should charge a pro-rate of the carpet life. If you don't get anywhere with the complex, tell it to the judge.
2006-10-30 10:04:00 · answer #4 · answered by marie 7 · 0⤊ 0⤋
Well, if it's not your stain, then I'd fight tooth and nail. Just keep telling the apt. complex that you will not pay it and why and what you will do if they try to charge you for it.
So many people try to take advantage of others. It is always worth fighting. You should also contact the housing authority or any renter's right organizations in the area for help and to report these people.
2006-10-30 10:27:38 · answer #5 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
Good heavens! You have rights.....Respond in writing that you dispute her claim. You will not pay as she "signed off" on the exit walk thru.....and you expect your deposit returned w/in the time frame dictated by your state law. AZ is 14 days, some states longer.
Mail her a demand letter (return receipt) and when the deadline passes, walk yourself up to small claims and request a hearing. You can create all the forms on WORD and go to your library and read exactly how to property serve hearing notices. I did it all by myself (I was the landlord) and it was very straightforward.
When a landlord violates the rules, judges love to fine them and award the tenant "double damages".
You have rights, but you have to exercise them!!!
2006-10-30 17:51:22 · answer #6 · answered by Paula M 5 · 0⤊ 0⤋
Look in your rental agreement, you may have been obligated to have special services done through carpet cleaning service such as black light and special chemicals for urine. If stated you are liable, if not fight it.
2006-10-30 10:06:26 · answer #7 · answered by rhlkale 3 · 0⤊ 0⤋
It will definitely go on your credit report if you don't fight it. It might be enough just to have a lawyer contact them, but it is definitely worth your while to ask someone with legal training their opinion.
2006-10-30 09:58:46 · answer #8 · answered by Jenyfer C 5 · 0⤊ 0⤋
they can only charge for the cost of the carpet after deprecation of four years, they can not charge you for new carpet since the carpet was four years old
2006-10-30 11:23:15 · answer #9 · answered by goz1111 7 · 1⤊ 0⤋