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apartment kept $150 of $650 security deposit for "Carpet Cleaning"

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beckidavenport1

Junior Member
:)What is the name of your state (only U.S. law)? NC ... So far my research has told me that it is illegal for an apartment manager to keep a portion of a security deposit for "Carpet Cleaning". When I called them to talk to them about it and they told me they kept $75 for each room , for a total of 2 rooms (which is all the apt. had) to total $150. They said they kept it for carpet cleaning and I explained to them the General Statute that states that they cannot charge a tenant for normal wear and tear... they can only charge for damages or unpaid rent. They just kept saying "what, are you hard up for money or something?" Oh my gosh, how unprofessional.... The carpet was new when my teenage daughter moved in and we covered it with plastic and then put down another brand new carpet remnant down over the plastic, just so we would assure that she got her deposit back... Then on top of that, I used a 2,000$ kirby carpet cleaner to ensure that it looked brand new. Well, after I explained this to the apt. manager, he said. "Well, we have the right to sanitize that carpet because we just don't know what has been on it., and we put it in the lease and your daughter signed the lease..." Well, I explained to him that it didn't matter if he wanted to sanitize the carpet, that was his choice, but that he could not charge for it, and keep a portion of the security deposit to pay for it. EVEN if it was in the lease, it is still illegal., and it would not hold up as a binding contract in court.... SO..... this is where I am now. but I want to make sure that everything I have learned while researching on my own, is actually true. I also want to make sure that I am definately in the right, so I will have a very good chance of winning if I decide to invest the $90 to file the small claims court papers in order to take them to court for the $150, because if I loose, I will them be out another $90 on top of the $150. I just stepped in because they were trying to take advantage of my daughter because she was age 18 and it was her first apt. They were supposed to send her the deposit refund within 30 days but it took them over 10 weeks, 2 and 1/2 months, and it wasn't until I made a phone call to them that they even send that, because they just kept telling her that they had mailed it, when they had not.. They thought that since she had moved away to another city off to college that she would not persue it.... But I am not going to sit back and let them take advantage of her. So if anyone can please help me by giving me advice I would really appreciate it. Or even some websites so that I am armed with alot of information on the law when I go to court! Thank you SO SO much, Becki Davenport:)
 


BL

Senior Member
You might get better feedback by posting in the Landlord tenant under real estate and deleting this thread .

You do understand YOU can not file for your 18 year old daughter , right ?
 

jdawg83

Member
You can't sue for your daughter, unless your name was on the lease.


So unless you were on the lease , You can't do much of anything and don't even attempt to represent her in Court, because unless your a lawyer, that is UPL
 
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