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Landlord wants me to replace already stained carpet?

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Searchertwin

Senior Member
I probably didn't make myself clear. I would agree not to pay a penny, and I stated this, "But I would not send them a penny for replacement", on the fact if the LL plans to replace.

But if LL decides he just wants it clean, than op is liable for HIS damages to the carpet. Not all the black stains, just what he did. By his own admission, he stated that HIS stains were still noticeable.
 


FrankJr

Member
Sent a certified letter to the company that owns the apartments. A week later I receive a letter from a collection agency, concerning the remainder of the amount they want me to pay for the carpet. Not to mention, the collection agency called me twice at work, left a message, and didn't state they were a collection agency, which I read was against the The Fair Debt Collection Practices Act.

I called the collection agency explaining that I sent the certified letter and that I am disputing these charges. She said something to the fact that they are now handling it, even though I sent a letter a week prior to getting the letter from the collection agency. That seems like the apartment company was going against the 30 day notice they were giving me as well.

The lady at the collection agency goes through the EXACT move-in/move-out condition and says why I'm being charged to replace the carpet. I said "ma'am, what does the move-in condition say?" She replies, "it shows that you noted in 3 different rooms that there were carpet stains. However, you didn't say HEAVY, like the landlords stated in their move-out conditions." I then say, "so the quantity of the stains, doesn't matter to the quality of ONE STAIN?" She says, "Sir, I'm not going to argue with you." I reply, "Well, you seem to be a stain expert, being there and all. So, you're telling me that I should've added an adjective describing a stain rather than just stating there was one?" Finally she says, "I'll contact them and ask them what they'd like to do."

So she's basically saying that since I didn't describe the "stains" in detail, that they are irrelevant? How can that be? During our move-in condition, I noted cigarette burns on countertops. They don't appear to be questioning those, since I could not remove them as well.
 

FarmerJ

Senior Member
Frank your next contact with the collection agency should be in writting sent certified , send them a letter demanding they send to you a copy of the court judgement your former LL won against you or to cease all attempts to collect this from you. Then if you truly feel you wish to seek refund take them to small claims court and let them decide. 900 is alot of money to just let go of. Frank when I used to rent I did get my deposit back in full from LL and when I had rentals of my own I had more than one tenant who got deposit back in full at end of them renting from me. I dont think this LL is being very fair and If it was me I wouldnt let it slide by , but thats me
 

FrankJr

Member
Frank your next contact with the collection agency should be in writting sent certified , send them a letter demanding they send to you a copy of the court judgement your former LL won against you or to cease all attempts to collect this from you. Then if you truly feel you wish to seek refund take them to small claims court and let them decide. 900 is alot of money to just let go of. Frank when I used to rent I did get my deposit back in full from LL and when I had rentals of my own I had more than one tenant who got deposit back in full at end of them renting from me. I dont think this LL is being very fair and If it was me I wouldnt let it slide by , but thats me
Forgive my ignorance, but are you saying the collection agency has no business trying to contact or collect from me without a court judgment? I don't wish a refund. They can use the remainder of my deposit towards replacing the carpet, however I don't feel responsible for the entire $900 cost, since I lived there for only a year.

Oh, believe me, I'm not letting it slide. Thanks for your assistance!
 

BL

Senior Member
I would suggest starting where Farmer advised about collections .

Sent a RRR Certified mail request proof of the debt and state cease and desist all contact with you.

Debt validation - Wikipedia, the free encyclopedia

If they validate the debt ,you can dispute it .

Familiarize yourself with the FDCPA ( look it up ) .

Make sure this collection agency is ligament .

If it's just the complexes collect Dept. they will probably continue to try and get you to pay .

If so, also send them a letter to cease and desist and take it to court if they feel like it .

Likewise you could make them your offer ,but if they accept it ,get the agreement in writing ,signed and dated before giving them payment ,then make sure you pay in a manner you can prove it was paid.
 

FrankJr

Member
First week of Jan, I received letter from apartments saying I owed for carpet damage and that I had 30 days to contact them or it would be turned over to collections.
Second week of Jan, I sent them a certified letter disputing the charges.
Fourth week of Jan, I received a letter from the collection agency.
Fifth week of Jan/First week of Feb, I receive a phone call from someone, which happened to be the collection agency.
Second week of Feb, I call collection agency and dispute it as well. Collection agency says they will contact apartment complex property owner and call me back.

I've disputed in a letter, also saying that I can get an attorney to assist me, yet the apartments go ahead and use a collection agency, before the 30 days is up?
I've also disputed to the collection agency verbally. So, if I need to go ahead and send a certified letter doing the same, I will.
 

BL

Senior Member
First week of Jan, I received letter from apartments saying I owed for carpet damage and that I had 30 days to contact them or it would be turned over to collections.
Second week of Jan, I sent them a certified letter disputing the charges.
Fourth week of Jan, I received a letter from the collection agency.
Fifth week of Jan/First week of Feb, I receive a phone call from someone, which happened to be the collection agency.
Second week of Feb, I call collection agency and dispute it as well. Collection agency says they will contact apartment complex property owner and call me back.

I've disputed in a letter, also saying that I can get an attorney to assist me, yet the apartments go ahead and use a collection agency, before the 30 days is up?
I've also disputed to the collection agency verbally. So, if I need to go ahead and send a certified letter doing the same, I will.
Or you could sue them for the return of your SD . They could countersue.If found in your favor it's overwith .Supply the collection agency with .

I'm also, wondering if this is a true collection agency , or not.
 

FrankJr

Member
3 years later and I receive a summons stating that I'm being sued by the collection agency and that I have to file a written answer to the attorney and to the courthouse within 35 days. It states "If you notify plaintiff's attorney in writing...that the debt is disputed, plaintiff's attorney will obtain verification of the debt."

They did send a copy of the "Move In/Out Conditions Form" where we showed that the carpet was stained throughout the apartment in the different locations (Living Room and 2 Bedrooms) and they only noted it once saying it was "Heavily Stained". I'm not sure how they think they can win this when the evidence shows it was damaged/stained carpet prior to us moving in.

I guess now have to write another letter now to dispute this....again. Any suggestions/format on how to write this in a manner stating my case and that I'm disputing this and have from the beginning. Also, I did send a letter to the collection agency asking to refrain contacting me and yet they continued when I asked them not to.

Thanks again for the feedback!
 

FarmerJ

Senior Member
At this point I wonder if the bill collection agency still is trying to collect and using court threat as a way to coerce you into paying? At this point Id suggest you first try the clerk of the court for the county the rental was in and just double check to see if there is any judgment against you with that landlord then if you find none I would suggest you consider the possibility that the landlord had sold any rights to collect this claim to the collector SO If you made them take you to court then they are going to have to prove to the court you owed this the same way as if they were your landlord back then and if they do not have the proof needed to satisfy the court that you do indeed owe it they will lose any claim against you. In the time being you may want to use the links above to speak to a atty about how to defend against this and I say that because there may be things you may want them to do doing like showing the court the approximate age of the carpet and what the depreciated value of the carpet was when you moved out , example , if the carpet was a medium type grade of carpet that is often found in rentals then it should have had a life expectancy of 5 to 7 years and you already know the carpet was not brand new when you moved in so they ought to be able to tell you how much the depreciated value of the carpet was and if there was no useful life left to the carpet then the details of why its 900. instead of zero. If its just a bill collector they likely are not going to have any of those details.
 

FrankJr

Member
UPDATE***************

According the to papers I received for this lawsuit, one of them was a copy of the "Move In/Move Out condition" list and it clearly shows where I marked that 3 of the rooms had stains prior to moving into the apartment. Therefore, I responded to the courts saying that I don't feel like I owe this money, based on the evidence they have provided where I noted stains on the carpet before taking residence.

Now, they are wanting a hearing next month for this case. Originally, the statement on the "Move In/Move Out condition" stated they wanted money to replace the carpet. BTW, that's fine with me, because it needed to be replaced before I moved in, and if so, none of this would've happened. Now, these documents show they got an estimate for a carpet cleaning company to clean the carpet. I'm confused. I thought they were going to replace the carpet, not clean it. I feel like there is a conflict in the motive there.

Also, they've sent me pictures (poorly ones at that) of the stains in the carpet as I noted. Yes, I probably could still tell you where those stains were located, based on the walls and angles, and it would match up to the locations that I described in the "Move In/Move Out condition" list. I'm also wondering how they think I had caused those stains when we had a floor mat over one stain in the entry way (because it looked like an oil stain) and had our couch situated over another large stain in the living room to hide it.

I'm not seeing what real "evidence" they have against me. Suggestions/advice? As always, thank you for your assistance!
 

Zigner

Senior Member, Non-Attorney
I would advise that you show up for the hearing. You can't just write a letter to "the court" and have this go away.
 

FarmerJ

Senior Member
absolutely show up for court and while in court you really want to know how old that carpet was when you moved into that unit. Since this collector wants to act like a landlord then they should have records of how old it was (when it was installed) and IN court estimates are not a expense you would want to see receipts that show who the carpet cleaning company was that the original landlord hired, if the collection agents representive cant produce it then I think Id be inclined to ask the court to not reward them since this late into it more than likely the carpet was replaced by the actual owner and any depreciation amount they already would have had the tax benefit from that. BTW it would be reasonable to ask in court what the depreciated value of that carpet was if it was already stained to a point that no one was able to get the stains out before you took occupancy too.
 

not2cleverRed

Obvious Observer
I am unclear why you have been so passive about $900.

It seems to me that by *not* pursuing the return of your security deposit, in spite of everyone's advice here, you've ended up with the current situation. WHY are you fine with their demand that you pay for the replacement of the carpet? If "it's fine" that they wanted you to pay for the replacement of the carpet, then why are you here?

I *think* what you meant is that you agree, the carpet needed to be replaced, but that any additional damage to the carpet under your tenancy was within the definition of normal wear and tear.

I would take things a step further than Zigner. You need to be at the hearing. You also need to learn how to edit yourself so that you do not give the other side anything to work with.
 

FrankJr

Member
Thank you Zigner and FarmerJ. I do plan on being there to contest this. Thanks again for your input and suggestions.

I don't think going after a $100 remaining deposit (previously $200 after remaining water bill) will be a hassle. I never said I was fine with them wanting me to pay for the replacement of the carpet. They sent me this bill weeks after I moved out. I went over the condition checklist with them and stated we didn't cause these stains. I wrote them a letter stating I didn't feel obligated to replacing an entire apartment's carpet (after 1 year of residence) and they didn't like my answer. Therefore they get a collection agency. I deal with the collection agency for months, then 4 years later we go again.

Furthermore, I just happened to look online through our local court records to see where this mess was going. I'm glad I did, because I didn't know about it, and here we are in late June. Apparently, it states that in May, an order set for a hearing was obtained. Noted below was the attorney's signature stating a copy of this hearing (date and time) would be sent to my home within 7 days of it being filed. I'm no math wiz, but here it is late June and I've yet to receive anything in the mail about this hearing, which is set for July. I'm just not sure why I haven't been notified about this already.

Thanks again to all for your input! Much appreciated!
 

not2cleverRed

Obvious Observer
Thank you Zigner and FarmerJ. I do plan on being there to contest this. Thanks again for your input and suggestions.

I don't think going after a $100 remaining deposit (previously $200 after remaining water bill) will be a hassle. I never said I was fine with them wanting me to pay for the replacement of the carpet. They sent me this bill weeks after I moved out. I went over the condition checklist with them and stated we didn't cause these stains. I wrote them a letter stating I didn't feel obligated to replacing an entire apartment's carpet (after 1 year of residence) and they didn't like my answer. Therefore they get a collection agency. I deal with the collection agency for months, then 4 years later we go again.

Furthermore, I just happened to look online through our local court records to see where this mess was going. I'm glad I did, because I didn't know about it, and here we are in late June. Apparently, it states that in May, an order set for a hearing was obtained. Noted below was the attorney's signature stating a copy of this hearing (date and time) would be sent to my home within 7 days of it being filed. I'm no math wiz, but here it is late June and I've yet to receive anything in the mail about this hearing, which is set for July. I'm just not sure why I haven't been notified about this already.

Thanks again to all for your input! Much appreciated!
So... you only know about the hearing because you looked it up on the court calendar? Assuming there is no correspondence received between now and the hearing, DO complain about this.

Also, FarmerJ asked 3 YEARS AGO, was there a judgement back then? If so, that would have been the time for you to appeal the judgement.
 

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