my husband an I rented a house about 2 yrs. ago. We paid a deposit of $925.00. When our lease was up we moved from the house. Although the carpet had many stains on it, It was not in that great of shape when we moved in. The landlord charged us to replace the carpet and stated that the carpet was only 2 yrs. old. Some of these stains appeared in the carpet after we moved into the house and were not a result of anything we had done. He also charged us for replacing a door that had been written on and painted over before we moved in, and cleaning of the house before new tenants moved onto the property. He stated that damages to the house were around $1200.00. My understanding is that you pay a deposit to help cover any painting, or other repairs that are done to a house once it it vacated. The carpet could have been easily cleaned and replacing it in all rooms was unecessary.
2007-06-08 08:44:20 · 7 answers · asked by kitkat20 1 in Business & Finance ➔ Renting & Real Estate
Fight it.
There are crooks that will say they need to replace something only to have it cleaned.
having the apartment cleaned (and in some states painted) is part of the normal turnover of a lease and can not be charged to the tenants.
2007-06-08 08:55:16 · answer #1 · answered by PJ 5 · 0⤊ 0⤋
"Although the carpet had many stains on it, It was not in that great of shape when we moved in. The landlord charged us to replace the carpet and stated that the carpet was only 2 yrs. old"
Unless you have photo's of the carpet and door before you move in...it's basically your word against the landlords.
"My understanding is that you pay a deposit to help cover any painting, or other repairs that are done to a house once it it vacated. The carpet could have been easily cleaned and replacing it in all rooms was unecessary"
Yes but if it costs the landlord above the deposit he is allowed to bill you the difference. BTW...why didn't you clean the rooms and shampoo the carpets before you left?????? Most laws require that the tenant leave property in the condition it was rented...with exception of normal wear and tear....stains and dirt are not normal wear and tear.
2007-06-08 09:20:45 · answer #2 · answered by LILL 7 · 0⤊ 0⤋
You are expected to leave the premises in as good or better a condition than they were in when you arrived. Normal wear and tear is exempted. In other words, a bit of traffic wear on the carpet is exempted. Stains on the carpet are NOT exempted.
Did you receive a check in sheet indicating the issues you claim existed when you arrived ? If so, you would have proof that these defects pre-existed. Absent any such check in report, it's your word against his.
Your deposit is ONLY a deposit against damages, and is in no way assumed to cover ALL damages which might occur. You are responsible for the costs of any damage/repair which exceeds the value of your deposit.
(As a long standing landlord, I have NEVER seen stains appear in a carpet on their own. Have you any explanation of how these 'stains' developed mysteriously ?)
2007-06-08 09:57:05 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
Cleaning of the house is coinsidered normal wear and tear and should not be charged against a security deposit.
Ask him for proof that the rug was only two years old.
As for the door, you should have taken some pics of the house before you moved in.
And yes, legitimate damages in an amount over the security can be recovered in some small claims courts.
As long as you did not wreck the place, I think you got scammed.
The Rat
2007-06-08 08:51:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Do you have a "move-in" checksheet? If you did not take note of the house's condition when you moved in, you're not going to have any proof that the damages were not caused by you.
You need to request an itemized list of damages from the landlord-- which they MUST provide to you.
If you have a lawyer, they can request this information from the landlord as well.
2007-06-08 08:50:05 · answer #5 · answered by Bogart 3 · 0⤊ 0⤋
A landlord is usually entitled to withhold damages that exceed "usual and customary" from your deposit, and can charge you for repairs that are not usual and customary if they exceed your deposit. however, landlord can still sue you to recover damages, and your defense will be the facts that you stated above. Remember, just because someone files a lawsuit doesn't mean they will win.
2007-06-08 08:48:51 · answer #6 · answered by Laura S 2 · 0⤊ 0⤋
Go to court and fight it! You can win.
2007-06-08 08:47:32 · answer #7 · answered by Monet 6 · 0⤊ 0⤋