Does this carpet stain justify carpet replacement??

[dmsanti]

What is the name of your state? California

Hi all,

I just moved out of a 1-bedroom apartment that I resided in for 3 years. When I moved in, the carpet was brand new. Due to a rug by the front door, a small, faint stain appeared. The carpet is otherwise in immaculate condition. My former landlord has claimed that I damaged the carpet beyond repair and is charging me a prorated ammount of nearly $500 for carpet replacement.

My question is do you believe this stain goes beyond reasonable wear and tear? Do you think the landlord has a justifiable position in replacing all of the carpet in the unit due to this one stain?

I am seriously considering going to small claims court regarding this issue.

Much appreciated!

[img=http://img197.imageshack.us/img197/8088/carpetsmall5vf.th.png]

 

[acmb05]

What is the name of your state? California

Hi all,

I just moved out of a 1-bedroom apartment that I resided in for 3 years. When I moved in, the carpet was brand new. Due to a rug by the front door, a small, faint stain appeared. The carpet is otherwise in immaculate condition. My former landlord has claimed that I damaged the carpet beyond repair and is charging me a prorated ammount of nearly $500 for carpet replacement.

My question is do you believe this stain goes beyond reasonable wear and tear? Do you think the landlord has a justifiable position in replacing all of the carpet in the unit due to this one stain?

I am seriously considering going to small claims court regarding this issue.

Much appreciated!

[img=http://img197.imageshack.us/img197/8088/carpetsmall5vf.th.png]

No he cannot make you pay to replace the carpet in the entire unit for one small stain. He can make you pay for cleaning or dyeing it.

 

[Who's Liable?]

In a situation like this, it is important to have evidence of what the stain(s) look like... Did you take any photos that clearly show the date?

 

[dmsanti]

Thanks for your replies!

I don't have any photos showing the date but I do know when I took the photos. I figured the date on the photos would not be important since one can easily manipulate/change the date on your camera. Does this weaken my case?

Also, the landlord said that they had an expert look at the carpet and he said the stains couldn't be dyed out (though I can't verify anyone even did look at it). I still think it's ridiculous that a small stain such as this would be considered beyond the "normal wear and tear" category. Would any judge agree with me?

Thanks in advance for your help!

 

[ecmst12]

I think you're supposed to take pictures with a newspaper or something like that in the frame, that's a lot harder to fake.

 

[KimberlyCali]

In my opinion, that IS beyond normal wear and tear. If the stain does not come out with cleaning, then the landlord can't really rent the apartment with a red stain at the entry. I know I wouldn't move into an apartment that had a big stain right as you walk through the front door. Replacing just the stained part isn't possible either, when carpet is 3 years old, it would be difficult to patch and not have the patch stand out more than the stain probably does.

As for WHEN the photo was taken, it really does not make a difference in this case.

 

[mariner]

I must have missed something here. Since when did the stain become RED? Poster stated there was a stain, but I didnt see anything about a RED stain. Or were you just using this as an example of not wanting to rent an apartment with a big red stain. I am lost for sure.

 

[Hot Topic]

The landlord needs something in writing to support his claims, and I suspect a court would require him to have obtained more than one estimate of what it would require to mitigate the situation.

 

[devlin]

Why can't a carpenter replace the area that has the stain only? It is possible. I once accidentally tipped over a space heater in my apartment and burned the carpet and we only replaced the portion that was damaged, not the entire carptet. Sounds to me like the LL is trying to get free carpeting out of this guy.

 

[queenofsand]

mariner says: "I must have missed something here. Since when did the stain become RED? Poster stated there was a stain, but I didnt see anything about a RED stain. Or were you just using this as an example of not wanting to rent an apartment with a big red stain. I am lost for sure."

Yep, you missed something. The link....the picture-thousand word thingie...

 

[Shay-Pari'e]

That pic shows a large reddish stain. That did not happen because there was another carpet over it. I wouldn't rent it either.

 

[holliiiwood]

I do not think the stain is that bad and it is pretty small. After all it is 3 year old carpet. I have rented many apartments that have had a few stains. I have never thought that it was a big deal; after all they are just rental apartments.

I am going through the same thing with an apartment complex right now. They are trying to charge me $1300 for the whole carpet when there is just a stain in the dining room. They are coming up with every excuse that they possible can to get as much money as possible. One thing I am doing is requesting the itemized receipt from the carpet company that I am entitled to. I have been requesting this receipt for 3 weeks and they have been unable to provide it to me. I have faxed over the request so if it goes to court I will have it in writing (plus it will show that I am disputing the charge). This will also beneficial if they put it on my credit so I can dispute it.

I also have a friend in the corporate office that suggested I tell the apt complex I object to that amount and I refuse to pay it. If they send me to a collection agency they are only going to get 70% of the money. So we need to come to an agreement that will be fair and benefit both parties involved.

I did have that conversation with the complex and was told that they will discuss it and get back to me but to date I have not received a phone call from them.

Hope all of this helps.

 

[FarmerJ]

Tell your LL you dispute the amount owed and want copy of the rct from the company that installed the carpet. IN Writting sent via certified mail and when they dont do it and they havent provided enough detail to your satisfaction , go to your countys clerk of the court and file in small claims court to ask the court to hear the complaint out and decide. With out a judgement in place bill collectors can be forced to prove they have a valid debt and when they cannot they have to stop collection efforts until they do.