• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a landlord charge for both carpet cleaning and carpet replacement?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jlh2006

Junior Member
What is the name of your state (only U.S. law)? Missouri

I paid a $550 deposit at my last apartment, plus a $250 non-refundable pet deposit. I was told that the pet deposit would be used towards any additional damage done not covered by the deposit.

I rented the apartment for two years, during which my dog had exactly one accident - on a tiled bathroom floor. Before moving out, I had the carpets professionally cleaned, as per the rental agreement, and included my cleaning receipt when I handed my keys back in. At the time, the company that cleaned the apartment remarked that they couldn't tell a pet had ever lived there. The service was $80. The only stain was about 5x5" in diameter, faint orange in color, from a previous tenant. I had noted it when I checked in.

I expected to get some if not all of my deposit back, but instead today I got a bill for $240 ($790 for carpet replacement less the $550 deposit). I am confused for two reasons:

1.) It seems unreasonable to ask a tenant to schedule a carpet cleaning if you plan to replace the carpets (and I checked with my landlord two days before my service to ensure that indeed, they wanted them clean).

2.) If my $250 pet deposit were applied to any damaged-incurred charges, then shouldn't it cover the $240 balance?

Any help as I proceed would be appreciated.
 


Gail in Georgia

Senior Member
If you disagree with the amount kept from your security deposit, you write what is sometimes described as a "demand" letter, disputing the amount kept and demanding what you believe you are fairly owed by a certain date (say, two weeks after the landlord/management receives the letter).

If they do not respond to your satisfaction, your next step is to consider whether you wish to file a lawsuit against them

Such lawsuits are handled through Small Claims court as they involve relatively small amounts of money in dispute.

Gail
 

Searchertwin

Senior Member
What is the name of your state (only U.S. law)? Missouri

I paid a $550 deposit at my last apartment, plus a $250 non-refundable pet deposit. I was told that the pet deposit would be used towards any additional damage done not covered by the deposit.

I rented the apartment for two years, during which my dog had exactly one accident - on a tiled bathroom floor. Before moving out, I had the carpets professionally cleaned, as per the rental agreement, and included my cleaning receipt when I handed my keys back in. At the time, the company that cleaned the apartment remarked that they couldn't tell a pet had ever lived there. The service was $80. The only stain was about 5x5" in diameter, faint orange in color, from a previous tenant. I had noted it when I checked in.

I expected to get some if not all of my deposit back, but instead today I got a bill for $240 ($790 for carpet replacement less the $550 deposit). I am confused for two reasons:

1.) It seems unreasonable to ask a tenant to schedule a carpet cleaning if you plan to replace the carpets (and I checked with my landlord two days before my service to ensure that indeed, they wanted them clean).

2.) If my $250 pet deposit were applied to any damaged-incurred charges, then shouldn't it cover the $240 balance?

Any help as I proceed would be appreciated.
Reread you lease about the pet deposit - it probably states that the deposit is to cover any damage from the pet or it was for you to have a pet. Since you did not receive any money and you owe, than that tells me that the deposit was for you to have a pet.
 

atomizer

Senior Member
A non refundable pet deposit is for the privilege of having a pet. it covers normal wear and tear and is not part of any other deposit. Though, I would say that it should have been worded as pet fee. Any doubt should be cleared by the wording "non refundable". Carpet replacement should be charged on a sliding scale according to the age of the carpet in question, and damages incurred.
 
landlord cannot 'double bill"

Reread you lease about the pet deposit - it probably states that the deposit is to cover any damage from the pet or it was for you to have a pet. Since you did not receive any money and you owe, than that tells me that the deposit was for you to have a pet.
He'll likely say that he cleaned it for 250 then found out he had to replace it for 790.

Its an arguable point.
 

BL

Senior Member
Did you give the LL the professionals receipt or a copy ?

What was their opinion as to the overall condition of the carpet after they cleaned it ?

You could try to get that Co. to add a notation on a copy of the cleaning receipt, or a separate letter on their Co's letterhead, that in their professional opinion ,the carpet was in good condition or better except for that particular stain .

If after demanding an amount returned and the LL refuses ,on to small claims .

You show your cleaning receipt ,and your notation of the existing stain on move in ,and the LL will have to prove their damages .
 

miken32

Member
I would get a copy of the paperwork from the carpet cleaner (Unless you have a copy already) that states that it looks like the apartment never had pets. That will go a long way in court. Most courts frown on LL's trying to take advantage of tenants security deposits.
 
Last edited:

atomizer

Senior Member
Looking like "the carpet never had pets" will not help if the doggy odor will knock you on your back when you walk through the door. Not all damage is surface damage or neutralized by a simple cleaning. In many cases the pad has to be replaced and floor boards treated, or replaced.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top