Charging more than my Security deposit?

[noahjwhite]

What is the name of your state? Wisconsin

Hello all. The management of my old apartment complex withheld all of my security deposit AND sent me a bill for another $700 alleging that they need to replace all of the carpet in the entire apartment. There are definite stains in the dinning room. The carpet is at least 5 years old. In my lease I signed a non-standard rental agreement stating that in the case of neglect I have to pay for the full price of replacement. I told them that I didn't think it was fair that they are asking me to pay full price for carpet that was near the end it's life anyway. (they told me they replace the carpet every 6 years) They only responded with the same bill and a highlighted section of my non-standard rental agreement stating I have to pay.
Is this legal? Should I fight this? I really feel like they are ripping me off.

I don't know if this makes a difference. But they sent the first damage bill to my old address. Even though I had provided them with a formal forwarding address (at their request). Subsequently I received the bill more than 21 days after I had moved out. The forwarded letter is postmarked 23 days after my move out date.

Thanks Everyone!

noah

 

[moburkes]

No, not legal. Sue him in small claims court.

 

[noahjwhite]

Thanks moburkes,

Are you sure that it's not legal? I would rather stay out of the courts if possible. I don't even mind paying for half. I do feel bad about the stains. Is there any other way I could proceed?

Thanks,

noah

 

[FarmerJ]

Noah If they wont reduce the amount then your going to have to file a claim with small claims court , based on the amount they with held and are billing you was not sent to your correct address in a timely manner and you should not have to bear the full cost.
you will have to tell the court how long you lived there and they will have to show how old the carpet was and the court will have to break it down and decide what is fair. BTW I have never known a LL who just automatically replaces carpet every 6 yrs , What I have seen that is more common is for LLs to wait as long as they can and if they can some will push carpet replacements up to 10 yrs or more depending on the carpets condition.

 

[noahjwhite]

<Quote>BTW I have never known a LL who just automatically replaces carpet every 6 yrs , What I have seen that is more common is for LLs to wait as long as they can and if they can some will push carpet replacements up to 10 yrs or more depending on the carpets condition.[/QUOTE]

I'm not sure about the 6 year policy. That's just what I was told. This was in a large complex with around 100 rental units. The management outright lied to me numerous times so I wouldn't be surprised if this isn't true.

I'm worried that if I drag this to court and lose it might just end up costing me more money in the long run. I just have a few questions that I hope someone can answer.

1. Should I try writing a letter reminding them that they have to depreciate the carpet's value?

2. Is there any validity to the non-standard agreement I initialed, stating that if the carpet is deemed abused, that I have to pay full replacement cost?

3. Does the fact that they mailed it to the wrong address count as a violation of the 21 day rule?

 

[Alaska landlord]

Have them itemize the bill. Full replacement cost may be interpreted as cost of prorated carpet replacement for the remaining life of the carpet plus full cost of labor. You need to know just how much of the bill is attached to the carpet damage and not other damage found at the apartment. If the 700.0 was allocated towards the replacement of the carpet, then you got a fair deal.

 

[noahjwhite]

Thanks, I'll ask them to itemize the bill. They charged me $1400 something for the carpet and $35 for fixing nail holes in the wall. They didn't specify the cost of the carpet with the labor separate. I don't think $1400 for 550 square feet is that good of a deal. Especially considering the low quality of carpet they use.

 

[soon2bstep]

wow...1400 for 550 feet of carpet? that's crazy and seems a little overpriced....i just had mid-grade carpet installed in my 2200 sq ft home room to room, wall to wall, and it only cosst me 1200.....

 

[Alaska landlord]

Cost of carpeting will depend on the grade of the carpet and type. wool carpeting will cost a lot more than let's say synthetic.

 

[noahjwhite]

It's the cheapest quality synthetic berber carpet that I've ever seen. I'm pretty sure they buy it in bulk and install it all the units. All the units are the same. Plus they don't have it professionally installed. The maintainace guy does it.