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Am I responsible???

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blaire62

Junior Member
I live in Arizona, and on February 29th, I completed a two year lease. I had signed my lease with a building manager, but the condo I was renting is privatley owned by an elderly couple. I have never met the actual landlords, however we had eachothers phone numbers and had spoken a handful of times regarding building issues(and a bug issue).

Upon moving in, I was instructed to pay first and last months rent. No deposit. In late january, my landlord text me, thanking me for being such an easy tenant the past two years, and hoped we would stay in touch. She said "You paid last months rent when you moved in, so you have all of February to move out". This proves that it was meant truley for the last months rent, and was not a deposit.

Throughout February, my husband and I moved out, and now it has been nearly a month. Yesteday, she called me 4 times in a row(I couldn't answer because I was in a meeting). She then sent me a text that said "I'm shocked by the way you left the condo, dirty carpet and a cracked window. Call me immediatly so we can work something out". This freaked me out a bit, because although the carpet was dirty, I did vacuum it before we left, but it needs to be replaced. I have a small child, and parent knows that a toddler on carpet for two years is going to wear it out. There are light stains, but nothing gross. Also, about the cracked window, it is a high rise building, and the entire north wall of my condo is glass. My daughter wacker a toy against it about a year ago and it cracked slightly. Through the summer, the crack did the spider web thing and grew. The crack was reported to the building manager immediatly, and I advised her about it's growth. I had always just left the vertical blinds pulled over it when I lived there bcause it was ugly.

My landlord never came to see the condo in February, while I was moving out, to make sure there were no damages. Am I responsible, nearly a month later, for the carpet and cracked window???
 


Carpet: Maybe yes, maybe no. You are not responsible for ordinary wear-and-tear. You are responsible for unreasonable wear, abuse, etc. So, it depends on which category the carpet falls into.

Window: Yes. Your child cracked the window and it needs to be replaced. Informing the building manager and landlord that your child cracked the window does not absolve you of liability.
 

strongbus

Member
Most LL wait till a tenant is out to go in and take care of stuff. And depending on what needs to be done may take a while. So most of the time it may take a few weeks to fix stuff and let you know how much you owe for the repairs. So while though the LL never collected a SD form you they can still come after you for the amount that it cost to replace/repair stuff.
 

blaire62

Junior Member
Got it

Thank you both! I certainly am willing to comply with whatever needs to be done, just was curious as to my responsibilty. Her aggressiveness freaked me out a bit, I guess.
 

Zigner

Senior Member, Non-Attorney
Based on your post, I'm going to say that you ARE responsible for the carpet. You will only be responsible for a prorated portion of it...but you are definitely responsible. Having a kid doesn't give you license to damage the unit.
 

blaire62

Junior Member
The Carpet

I'd say based on my (much more qualified opinion, as I've seen it), that the carpet is just normal wear and tear, and that it just needs to be shampood. There are no heavy stains, no rips, tears, holes, or any other kind of damage to it. I did not pay a cleaning deposit, and I'm sure after a good washing, it will be good as new. I can't see how I'm responsible to pay for the cleaning of it, when a cleaning deposit was not required or written into my lease. If my landlord feels it needs to be replaced, after she has it shampood, than so be it, and I will take responsibility. I do agree with you guys about the crack window of course. Thanks again :)
 

Zigner

Senior Member, Non-Attorney
I'd say based on my (much more qualified opinion, as I've seen it), that the carpet is just normal wear and tear, and that it just needs to be shampood. There are no heavy stains, no rips, tears, holes, or any other kind of damage to it. I did not pay a cleaning deposit, and I'm sure after a good washing, it will be good as new. I can't see how I'm responsible to pay for the cleaning of it, when a cleaning deposit was not required or written into my lease. If my landlord feels it needs to be replaced, after she has it shampood, than so be it, and I will take responsibility. I do agree with you guys about the crack window of course. Thanks again :)
Payment of a deposit does NOT relieve you of the responsibility of paying for damages you caused beyond normal wear and tear. All payment of a deposit does is insure that the LL has money from you when you decide that you shouldn't have to pay (as you've apparently done now.)
 

blaire62

Junior Member
Are you guys even reading this?

I have not decided that I am not going to pay...and frankly I don't know where you see that..

I said if she feels the carpet needs to be replaced, I'm happy to comply, and I've said in about the last few posts since I received my first response, that I will pay for the cracked window....

I'm confused as to what exactly you are commenting on...
 

Zigner

Senior Member, Non-Attorney
I have not decided that I am not going to pay...and frankly I don't know where you see that..

I said if she feels the carpet needs to be replaced, I'm happy to comply, and I've said in about the last few posts since I received my first response, that I will pay for the cracked window....

I'm confused as to what exactly you are commenting on...
Then I must have misunderstood the direction you were taking about the carpet. Sounds like you have things right in your mind :)
 

blaire62

Junior Member
..

No problem, I'm definitely willing to pay for whatever my landlord asks, this thread was to determine if I am RESPONSIBLE to pay for what she asks. Looks like I am, so that's what Im going to do :)
 

FarmerJ

Senior Member
Blaire the carpet if it must be replaced has a depreciated value, your residency used up two yrs of its life , so EG it was 2 yr old when you moved in , you lived there 2 yr , the carpet had a 5 yr life expectancy you would owe for one year of the remaining life NOT the entire cost of replacing.
 

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