OK mamas, here is the situation. We were renting an apartment for a total of 2 years and 9 months. We moved out last month. When we moved in the carpet was dirty, even after having it steam cleaned. It probably needed replacing when we moved in but it was a last minute thing after a house we were planning to buy fell through and the rent was cheap so we didn't complain. We did state on the move in sheet that there were stains on the carpet. Since renting the apartment it changed management companies. So when we turned in our keys we also turned in our move in sheet. So I get a letter from the management company and they're charging us for 1/2 of the carpet replacement ($538.00). I really don't think we're responsible so I am going to dispute it. We don't have pictures, just the move in sheet stating that the carpet is stained. Oh, and we did have rugs covering the carpet, that's how bad it was. I have no idea how long ago it was actually replaced and I'm thinking it's run its course anyway. And the letter stated that if payment isn't remitted that they would send us to a collection agency. Wouldn't they have to take us to small claims court in that case? Anyone have a similar experience and what was the outcome?
Added: The move in sheet is signed but by the original management company. This is what I included when I turned in the keys. According to the current management company they don't have a copy of my lease agreement. I'm not really expecting any deposit back (it was only $100.), I just don't want to send them $500. for carpet that was dirty to begin with. Thank god we're homeowners now!
If the carpet had been new and very good condition, I could understand charging you.
What about the "Normal Wear and Tear" clause used in rentals? This carpet falls under that category in my mind and the rental company should be fully responsible for replacing it. Not just the last renter.
Collection agency is first, then small claims.
There is usually a policy, most carpet is replaced after so many years anyways. You were there almost 3 years and it was already nasty, and the amount of time you were there would usually be marked off as normal wear and tear. It was probably about 5 years old, time for management to change it on their own anyways. Look over your contract on damages and become familiar with it, then call the management directly and discuss it with the supervisor. Do you still have your move in paperwork to claim the already old carpet was previously stained?
We got the forms from small claims court and wrote a nice but stern letter after doing some research about a similar situation (a window with a crack). We found no permits were pulled to replace windows in over 25 years, so he was trying to replace windows on the tenants' costs. I would check with long term tenants since carpet replacement does not require a town permit. If you can get one or even a few people to sign a small note that states "My carpet has not been replaced in xx years" you could attach it to the filled out small claims court paperwork copy and your kind letter stating something similar to: "Like us, we assume you would prefer to settle this dispute out of court. We kindly request the return of our full security deposit since we disagree that the condition of the carpet is due to our use of the apartment these last 2 years". Our deposit was returned promptly.
They do not have to take you to small claims court. Was the move in sheet signed by anyone acknowledging that there were in fact stains. If it was just something you filled out it will not hold up in court.
So if you don't have a signature pay it, you have no proof you are telling the truth. If you have it signed call them and tell them what you have, they should drop it. There is a possibility they were never told of the condition when you moved in so they are assuming you did the damage.
If you can get a copy of your move in sheet that would help prove your case. Are you renting again? If so, when you move out I would have one of the office staff walk through the place with you. Take pictures. I kept copies of my move--in sheet, took pictures and then had a representative from the rental company walk through the place with me. It worked and I never had a problem. Got all my deposit back.
We were billed $1100 when we moved out of a place once. I had one consultation with an attorney and took them to small claims court. We ended up forfeiting the security deposit, she was ordered to withdraw the bill. See a lawyer, it was worth every penny I spent for that half hour.
I have never been billed for a carpet replacement, except for a small fee for a special cleaning to remove dye that leaked onto a carpet once. In most states, landlords are responsible for replacing things like carpet and painting every so many years, assuming regular wear and tear, but every lease is different.
Look back on any photos that you may have from family parties/holidays, etc. Maybe you can catch a glimpse of the carpet in the background.
To win in court, they have to prove that you did excessive damage to the carpet, beyond its normal wear and tear.
I think it is pretty normal to pay for part of the carpet replacement if you live in a house for a long period like that. You should have insisted it be replaced when you moved in. But, on the bright side, your renters insurance should cover the cost of the replacement.
Write them a letter stating that the carpet was in bad condition when you moved in and that you are not paying for it. If you have the move in sheet signed by a representative of the previous management company then use that as your proof. If you have any pictures of when you first moved in, send those along with the letter too. If you have any way of contacting the previous management company, ask them to give you proof of when the last time that carpet was replaced and as to the condition it was in when you moved in. Tell them that they can keep the $100 deposit you paid, but you will not be paying them for the carpet replacement. The fact is that they have no proof that the carpet was in great condition when you moved in because it was a different management company, so they have no recourse to charge you for the replacement. I say don't pay it, fight them on it. Just make sure you have written proof that you are disputing their charges so you can take it to court in the future if needed.
Hi.
I say absolutely don't pay it. Sounds like they're grasping at straws. Send them a written letter, certified mail, return receipt requested, stating all the facts of the situation, and that you don't intend to pay for carpet that was ruined prior to your move in. If it were me, I would further advise them that they will send you to collection at their own peril. They cannot be permitted to bully you into paying money you do not owe by turning you over to collection and damaging your credit rating. I suspect they will back down. If they don't, you take them to small claims court!
Congratulations on your new home!
