Not sure what to do about my landlords

[themeowisme]

I live in PA. I have lived at the same address since July of 2009. I am in the process of moving and my current landlords are doing a few things I am not sure are legal. I have paid my rent through March 31st but on the 17th, they showed up at the house with no notice and started pulling up carpet to replace it with hardwood floors. Then they said they were going to charge us for the carpet because there were a few strands pulled out. This is cheap loop commercial carpet that was obviously old when we moved in. When vacuuming, the carpet would be snagged and pull out full threads. They are trying to charge me for that. Would that be normal wear and tear?

Also, they tried to make a deal with me, if I were to paint the bathroom and dining room, they would not charge me for the carpet. We were allowed to paint, when we moved in, every room was a different color. I repainted the bathroom and the living room. My landlord does not like the color I chose for the bathroom so she wants me to repaint that. She also does not like the color of the bathroom and wants me to paint it a color of her choosing. There was also significant water damage in the dining room that I told her about and instead of fixing she just put mud over it. The water started leaking again so she pulled the paint off and put mud on it again. Now she wants me to paint the living room yet another color of her choosing. The living room is the same color it was when I moved in.

There have been many issues with that house that they refused to fix or even look at.

I do not know what to do or if what they are doing is legal. I think they are trying to get free work out of me by trying to make a deal for me to paint for them. I do not believe they can charge us for the carpet and everything else in the house looks/works the same as it did or better than when we moved in. I would also like to mention that they are in violation of the law by not having the security deposit we gave them in an escrow account or paying us any interest after the two year mark. I am looking for advice on how to handle this to get my security deposit back.

 

[sandyclaus]

I live in PA. I have lived at the same address since July of 2009. I am in the process of moving and my current landlords are doing a few things I am not sure are legal. I have paid my rent through March 31st but on the 17th, they showed up at the house with no notice and started pulling up carpet to replace it with hardwood floors. Then they said they were going to charge us for the carpet because there were a few strands pulled out. This is cheap loop commercial carpet that was obviously old when we moved in. When vacuuming, the carpet would be snagged and pull out full threads. They are trying to charge me for that. Would that be normal wear and tear?

Also, they tried to make a deal with me, if I were to paint the bathroom and dining room, they would not charge me for the carpet. We were allowed to paint, when we moved in, every room was a different color. I repainted the bathroom and the living room. My landlord does not like the color I chose for the bathroom so she wants me to repaint that. She also does not like the color of the bathroom and wants me to paint it a color of her choosing. There was also significant water damage in the dining room that I told her about and instead of fixing she just put mud over it. The water started leaking again so she pulled the paint off and put mud on it again. Now she wants me to paint the living room yet another color of her choosing. The living room is the same color it was when I moved in.

There have been many issues with that house that they refused to fix or even look at.

I do not know what to do or if what they are doing is legal. I think they are trying to get free work out of me by trying to make a deal for me to paint for them. I do not believe they can charge us for the carpet and everything else in the house looks/works the same as it did or better than when we moved in. I would also like to mention that they are in violation of the law by not having the security deposit we gave them in an escrow account or paying us any interest after the two year mark. I am looking for advice on how to handle this to get my security deposit back.

Wait a darn minute. They intend to pull up the carpet and replace it with hardwood floors, but they STILL want to charge you for the carpeting? That makes absolutely no sense. They can't charge you for something they have no intention of replacing.

On the subject of carpet replacement - if there was damage that could be attributed to your tenancy, then you would owe only the DEPRECIATED value of the carpet for the cost to replace it. Most carpet has a 5-7 year "useful life". Assuming yours was the 5-year carpeting, unless it was a year old or less when you moved in, the useful life has all been used up over your 4-year tenancy. Demand to see the records showing the installation date, or refuse to pay for the carpet replacement and let them prove you owe what they are asking.

As for the painting and re-painting, I'd stop doing anything to the rental unit at all. If they can't seem to make up their mind as to the color of the paint, let THEM choose the color and get the painting done. Again, the useful life rule exists for repainting as well. Most LLs repaint every 2-3 years, and some even repaint with each new tenancy. If the LL routinely re-paints with the new tenancy, regardless of the condition of the paint, then you wouldn't have to pay for that - it would be part of their regular maintenance routine which they would do anyway.

The Pennsylvania Attorney General says this about security deposits on their website (http://www.attorneygeneral.gov/consumers.aspx?id=405):

Security Deposit

A security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages or unpaid rent.

During the first year of a lease, the amount of a security deposit cannot exceed two months rent.

Beginning with the second year of a lease, a landlord cannot retain a security deposit of more than one month?s rent. Any security deposit greater than $100 held by a landlord must be placed in a bank in escrow.

The Landlord Tenant Act requires that interest be paid on security deposits held over two years.

After taking out damages and unpaid rent, a landlord or property owner must send its tenants the list of damages and/or the full or partial security deposit no later than 30 days after the lease ends or when the landlord accepts the tentants? keys to vacate the premises early, whichever occurs first. The law requires landlords to pay twice the amount of the security deposit if they fail to provide consumers with the list of damages along with any refund due.

If you disagree with the amount that the LL ends up withholding from your security deposit, if any, you would need to sue them in Small Claims court to recover it.

 

[Just Blue]

I live in PA. I have lived at the same address since July of 2009. I am in the process of moving and my current landlords are doing a few things I am not sure are legal. I have paid my rent through March 31st but on the 17th, they showed up at the house with no notice and started pulling up carpet to replace it with hardwood floors. Then they said they were going to charge us for the carpet because there were a few strands pulled out. This is cheap loop commercial carpet that was obviously old when we moved in. When vacuuming, the carpet would be snagged and pull out full threads. They are trying to charge me for that. Would that be normal wear and tear?

Also, they tried to make a deal with me, if I were to paint the bathroom and dining room, they would not charge me for the carpet. We were allowed to paint, when we moved in, every room was a different color. I repainted the bathroom and the living room. My landlord does not like the color I chose for the bathroom so she wants me to repaint that. She also does not like the color of the bathroom and wants me to paint it a color of her choosing. There was also significant water damage in the dining room that I told her about and instead of fixing she just put mud over it. The water started leaking again so she pulled the paint off and put mud on it again. Now she wants me to paint the living room yet another color of her choosing. The living room is the same color it was when I moved in.

There have been many issues with that house that they refused to fix or even look at.

I do not know what to do or if what they are doing is legal. I think they are trying to get free work out of me by trying to make a deal for me to paint for them. I do not believe they can charge us for the carpet and everything else in the house looks/works the same as it did or better than when we moved in. I would also like to mention that they are in violation of the law by not having the security deposit we gave them in an escrow account or paying us any interest after the two year mark. I am looking for advice on how to handle this to get my security deposit back.

Do you have photos or video from when you moved in? (to document the move in condition)

 

[themeowisme]

Do you have photos or video from when you moved in? (to document the move in condition)

No I actually don't, unfortunately.

 

[FarmerJ]

Cease doing anything they ask you to and plan for moving out and plan for taking them to court if they are not fair and that inc the issue with the carpet , and them not following your states deposit laws while you lived there. If by chance they manage to really irk the judge good if you ask for any penalty and full refund and interest you mentioned the judge might slam dunk them and just award ALL you ask for with out a second thought. this soon to be former landlord of yours will not be excused by the courts for failing to act fairly

 

[Searchertwin]

Then they said they were going to charge us for the carpet because there were a few strands pulled out. This is cheap loop commercial carpet that was obviously old when we moved in. When vacuuming, the carpet would be snagged and pull out full threads. They are trying to charge me for that. Would that be normal wear and tear?

You should refuse to pay for the rug. You don't have to be disrespectful about the quality of rug. Common sense indicates that expensive rugs are not going to be put in a rental.

Also, they tried to make a deal with me, if I were to paint the bathroom and dining room, they would not charge me for the carpet. We were allowed to paint, when we moved in, every room was a different color. I repainted the bathroom and the living room. My landlord does not like the color I chose for the bathroom so she wants me to repaint that. She also does not like the color of the bathroom and wants me to paint it a color of her choosing.

I look at it a different view point. If YOU did not paint the walls, than yes, it is at the expense of the LL. BUT since you painted the walls in different colors, even though you were allowed to, it was probably with the intent that the walls had to repainted back to ORGINAL color when you moved in. There's the difference. Check your lease. If it was verbal than honor your word.
But at her choosing of color, no, it would go back to the original color it was when you moved in.

There was also significant water damage in the dining room that I told her about and instead of fixing she just put mud over it. The water started leaking again so she pulled the paint off and put mud on it again. Now she wants me to paint the living room yet another color of her choosing. The living room is the same color it was when I moved in.

Tell her the living room is at her expense. Why? Because it is the original color.
As far as the water damage, she fixed it. You made not have liked how she fixed it, but it was fixed.

There have been many issues with that house that they refused to fix or even look at.

If you didn't pressure her to have things done, drop it. You will lose

I would also like to mention that they are in violation of the law by not having the security deposit we gave them in an escrow account or paying us any interest after the two year mark. I am looking for advice on how to handle this to get my security deposit back

Send a crr letter stating what I said about the painting. Include the state law on the escrow account. But make sure that they don't have it an escrow account. Do you really know they don't? In the letter, just ask them to send you an updated account of the amount. But first call a bank and find what the amount would be. Suggest if they didn't that you expect to receive the amount of XXX plus deposit of XXX minus damages. Damages will not include the replacement nor depreciation of the carpet, the painting of the living room and the damage on the ceiling that she has repaired with mud a few times. Indicate that you will return the walls in the same color they were when you moved in.

 

[brian32]

they showed up at the house with no notice and started pulling up carpet to replace it with hardwood floors. Then they said they were going to charge us for the carpet because there were a few strands pulled out.

I must say they don't have any privilege to do this without your permission. And they don't have any right to charge for this because you haven't make any order for it. You must talk to them for it.