deposit issue- HELP!!!!!

[colleen71]

What is the name of your state? SC

I recently bought out the remainder of a one year lease ending Dec. 1st and moved out on Sep. 17th. Within 30 days the property mgr. sent me an itemized list of repairs and stated that not only was he taking my full deposit, but that I owed him an additional $13. The majority of these things were bogus , including $800 to recarpet a 14x12 room, but I was so happy to get out of the horrendous living conditons and so tired of fighting to have even the smallest repair done that I just let it go w/out a fight. Maybe I thought I'd just leave it up to karm...LOL

So, now I found out that a new tenant is moving in tomorrow and thay never recarpeted that room. These are my questions:

1. Are there any SC state laws governing the amount of time they have to complete repairs thay've already charged me for?

2.Is there anything I can do to get that money back w/out paying a ton of money, I can't afford, to a lawyer????

Thank you in advance for any and all advice you can offer!!!!! So sorry for rambling

 

[BL]

What is the name of your state? SC

I recently bought out the remainder of a one year lease ending Dec. 1st and moved out on Sep. 17th. Within 30 days the property mgr. sent me an itemized list of repairs and stated that not only was he taking my full deposit, but that I owed him an additional $13. The majority of these things were bogus , including $800 to recarpet a 14x12 room, but I was so happy to get out of the horrendous living conditons and so tired of fighting to have even the smallest repair done that I just let it go w/out a fight. Maybe I thought I'd just leave it up to karm...LOL

So, now I found out that a new tenant is moving in tomorrow and thay never recarpeted that room. These are my questions:

1. Are there any SC state laws governing the amount of time they have to complete repairs thay've already charged me for?

2.Is there anything I can do to get that money back w/out paying a ton of money, I can't afford, to a lawyer????

Thank you in advance for any and all advice you can offer!!!!! So sorry for rambling

Send your landlord a RRR Certified mail keeping a copy , and the receipt , or returned unopened mail , disputing their claim , and request refund of what you think your due .

Then sue the landlord if he won't comprimize , let him prove the damage required carpet replacement , it was your fault , and the receipts for your apt. carpet replacement .

_______________

Can the landlord take money out of my deposit because the carpet is worn?


QUESTION:


My landlord is withholding my security deposit because he says we ruined the carpet. The carpet is a bit dirty and worn in places, but it was not in great shape when we moved in. Does this fall under "ordinary wear and tear"?


ANSWER:


Unfortunately, there is no precise definition of the poetic phrase "wear and tear." One commonsense definition would be this: Ordinary wear and tear is what a reasonable person would expect to see after tenants have lived in the unit for that amount of time, assuming that the tenants took reasonable care of the premises. Of course, you will need another dollop of common sense to divine what reasonable means in this situation.

It does not mean that the rental has to be scrubbed with a bleach-dipped toothbrush; nor does it mean that a tenant who has used the unit as an artist's studio employing the Jackson Pollock spatter technique can expect to leave without paying for cleaning and repairs. In the last analysis, when a conflict persists, what is ordinary wear and tear may be what the small claims court judge decides it is.

And in your case, the answer will depend on just how bad the carpet is and whether you can prove what its condition was when you moved in. Did you and the landlord do a walkthrough when you moved in? Did you fill out a move-in checklist to record damage that was pre-existing? If so, these things will help you in court.

Is the landlord charging you for carpet cleaning or replacement of the carpet? Unless you absolutely destroyed the carpet, a small claims court judge would no doubt say the landlord has no right to charge you for its full replacement cost (assuming you can prove its condition was not pristine when you moved in).