when a dog soils the carpet and chews the woodwork, don't expect a deposit refund. Expect a bill for repairs, removal of the stinky carpet, cleaning and maybe replacement of sub-flooring and new carpet installation.
People like you who don't take care to ensure thier animals don't destroy the place are why landlords don't like people to have pets.
2007-03-24 03:10:37
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answer #1
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answered by Anonymous
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I own 12 rental units in Colorado, however, I am not an attorney. In virtually every state, the Courts will strongly side with the tenant in security deposit disputes. Therefore, the landlord will follow the security deposit procedure to the letter.
First, you have the right to be there for the final walk-through. It seems as though you don't dispute that your dog caused the damage to the woodwork and the carpet. But you want to make sure that you don't get charged for damage that was already there when you moved in.
Second, the landlord has to present the security deposit disposition to you within a set time frame. This time frame varies by state law. In Maryland, for instance, it is 45 days, in Colorado, it is 60, and in other states it is as short as 30. If the landlord fails to issue the security deposit disposition and a check for the net proceeds, within the security deposit time frame, then the landlord is cannot claim ANY of the deposit. Landlords should issue the disposition and deposit by certified mail to prove to the court the day the disposition was written. You need to provide your forwarding address to the landlord. This should be done when you gave your notice. The lease may stipulate a shorter time frame for the security deposit disposition. If so, then the shorter time frame is what governs. The lease may not stipulate a longer time frame that the state's.
Next, as to the cost of carpet and pad. Here in Colorado would figure $1.50 per square foot of replaced carpet, including installation. If the landlord tries to charge you more than that, go to Home Depot and show that the cost is less than the landlords. I cannot comment on the cost of repairing the woodwork, but I would figure on $35 to $50 per hour for a handyman's time, plus materials. Labor costs and materials will vary widely by location, so call a handyman in the "handyman" section of the yellow pages to get an idea of their hourly charge. If you live in a large apartment complex, then they may have a full-time maintenance guy on staff that will do the work.
Next topic - depreciation. Carpet is a wearable item, so carpet has to be replaced regularly anyway. Figure 7 to 10 years. You are going to argue on the short end of the range. If it costs $1000 to replace the carpet in your apartment today, and the carpet is already 6 years old, you are going to owe only $150, and not the full $1000. Ask the landlord to see the receipt for the installation of the carpet for your unit. Do NOT allow them to charge you full price to replace the carpet. You ARE allowed a credit.
I don't have a good idea of what the damage is to the woodwork, but it doesn't seem that woodwork is a wearable item, so you don't get the depreciation credit, the way you would for carpet.
Lastly, in some states you can get triple damages if you take a landlord to court over a security deposit disposition. The Courts tend to favor a tenant in a security deposit dispute, the way they tend to favor a landlord in an eviction. Don't be afraid to stand up for yourself. Pay what you owe, but don't be goaded into paying more than what you owe.
2007-03-24 03:32:27
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answer #2
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answered by Thomas M 1
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Read the fine print of your lease agreement. Some require that you give at least 30 days written notice that you will be leaving. Usually you will get your refund if any within 30 days along with an itemized list of repairs and the charge for each.
they will deduct the cost of repairs and give you what is left over. In a case where there is more damage than the deposit covers, they can bill you for any excess damage. Don't be expecting anything back if the dog has chewed trim and soiled the carpet. If carpet can't be cleaned they will have to replace it at your expense. If you've live in an apt several years they might prorate the cost of new carpet.
2007-03-24 03:12:37
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answer #3
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answered by Jeff 3
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I am a property manager in California and here is the guideline we would follow:
You would be charged for the repair or replacement of the woodwork in full, as that is not normal wear and tear. If the carpets were visibly soiled, you would be charged for the remaining life on the carpet to have it replaced (for example, in CA the life on carpet is 5 years so if your carpet was 2 years old when you moved in and you lived there 1 year, you wuold be charged for 2 years on the carpet). If the carpet was not visibly soiled and it was able to be cleaned, you would be charged for that. Otherwise the only charge would be for house cleaning or maid service. We would then have 21 days to get a disposition out to you with a check or bill, from the date you returned the keys to us. Good luck!
2007-03-24 05:43:24
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answer #4
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answered by BimboBaggins 3
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Legally they have to give you an itemized list along with the remaining money of your deposit. The deposit should be returned anywhere from 21 days (CA) to 45 days depending on your state.
Not knowing what woodwork makes it hard to give you an estimate, but the carpet might run anywhere from $120 if they have it steam cleaned to $1000 if they have it replaced (depending on the size and type of carpet).
2007-03-24 03:11:00
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answer #5
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answered by ? 5
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Your landlord has 45 days to send you back your security deposit (if any left) and give you an itemized list of what was wrong -- this is the law in my state but could be most states too. You can always requrest an itemization of the amount from the landlord.
2007-03-24 05:17:50
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answer #6
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answered by Anonymous
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Don't Expect A Dime
2007-03-24 22:38:16
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answer #7
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answered by mstrofmymindyesthisistrue 1
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