Need Legal Apartment Advice

We moved out of our apartment in November.

When they did the check out they picked up the rug and said there were 2 huge stains from the dogs and it had to be replaced (there were no stains on top of the rug).

The two places where they picked up the rug were impossible places for the dogs to pee (under the TV stand/under the dining room table).

So my husband says to them, we didn't know we had to check under the rug because they never told us to. We only inspected the top of the rug.

They said they inspected it before we moved it and it was perfect.

So anyway we move out. We get a statement saying they are keeping 1700 of our 2100 deposit to replace the rugs in EVERY room.

There was nothing wrong with the 3 bedrooms/stairs/hallway. Technically there wasn't anything wrong with the lviing room rug either.

How do we fight this? We called up to argue it and they basically told us too bad we have to pay or it will go to collections.

What rights do we have?

We contacted Better Business Bureau and they said they dont handle tenant landlord disputes.

We dont want it to go to collections because DH"s gradfather co-signed. But there was no need to replace the entire carpet in the apartment.

Re: Need Legal Apartment Advice

That sucks! Who the heck picks up the carpet?!?!?

The only angle I can think of is your lease. Does it say anything about the carpeting?

Re: Need Legal Apartment Advice

i agree... i would read the lease and possibly consult with a lawyer.

Re: Need Legal Apartment Advice

oh I didn't check it good idea.

My husband did the check out at 9 am. I forgot to give him my keys so I went to drop them off at 3 and did a last minute check. Plus I wanted to take pictures of the carpet after what we told me and the rugs were ripped up entirely

Re: Need Legal Apartment Advice

i just looked and there was nothing about carpeting. I really think they are trying to pull a fast one.

Re: Need Legal Apartment Advice

I think at this point you either have to pursue your $$ in small claims court, or consult an attorney. Sometimes even just a strongly-worded letter from an attorney is enough to make them back down.

Re: Need Legal Apartment Advice

Thanks.

I'll see what we can do.

Re: Need Legal Apartment Advice

I agree get a lawyer to write you a firm letter stating the fact that you have pictures to prove there was nothing wrong with the carpeting and that you are willing to take it to court. And if it goes to court, i would also sue for your legal costs and lost wages at work if you should incur any.

Re: Need Legal Apartment Advice

i don't have pictures. I went to take pictures but the carpet was ripped up.

Re: Need Legal Apartment Advice

Re: Need Legal Apartment Advice

I would definitely take it to small claims court. my old roommate took our old landlord to court, b/c she packed up her clothes in garbage bags and he threw them out! and she won w/o much documentation at He countersued with $6K in damages and the judge threw them out in seconds.


1. I think they have a certain amount of time to send you an itemized list of damage. If they don't - you should get everything back in court.

2. carpets depreciate...say something like 7 years. if you were there for 2 years, they can only charge you 5/7ths of the work.


I'm not an expert, by any means, but I'm pretty sure this was the case 7 years ago.

Re: Need Legal Apartment Advice

You have to take them to small claims court. However, because they already replaced the rugs and you don't have pictures (unless as someone else suggested you have general pictures from events that show all was A-OK) they will have receipts and you won't have anything but your word. Now, if you paid an extra depost because you had dogs you will have a better leg to stand on in court (presumably the extra $$ was to cover such things).

I would try sending them a letter that very specifically says they told you there were stains UNDER one carpet and now they are trying to get you to pay for recarpeting the entire place and that they are responsible as that is "normal" wear and tear and the cost of doing business of being a landlord and as such you want all your money back or you will take them to small claims court.

They really can't send it to collections if they are holding your money and refusing to return it.

Re: Need Legal Apartment Advice

You should take pics of EVERYTHING before leaving an apartment.

What was this landlord doing ripping up the carpet? Sounds like he was going to replace the carpet anyways and was looking for an excuse to charge you.

Just sue them in small claims. You don't need an attorney.

Even if they find in judgement of the landlord, they can't charge you full replacement cost of the new carpet. Like the PP said carpets deteriorate over time so they will only prorate your usage. Judgement would be much less.

Re: Need Legal Apartment Advice

You rented in a complex right? I'm surprised they would try and pull a stunt like that. Your lawyer can probably send them a stern letter. If that doesn't work, I would take them to small claims court!