legal rights if the apartment is charging me full price for carpet replacement?

[maroonbaby]

I lived in Round Rock, TX which is a suburb of Austin, TX. My old apartment complex after I moved out at the end of September of this year sent us a final bill where they were charging us for the replacing of the blinds and for fully replacing the carpet. To replace the carpet was about $913. On two separate occasions however, certain parts of the apartment were flooded through no fault of our own. After both of these instances, the carpet was not replaced, but the padding was replaced and as a result there was very clearly a difference in height when walking on the carpet and clear water stains on the carpet where it was flooded. Both instances were caused by the water heater's pipe bursting and the apartment admitted that we were not at fault. The apartment is aware of both of these instances and yet still we are being charged the full amount for the carpet replacement. We lived in this apartment for two years and were very good tenants and were only late on rent once.

My first question is since there was flooding in the apartment, can we be charged the full amount for replacing the carpet even if there is some pet damage?

Secondly, it is my understanding that we are only allowed to be charged the depreciated value on the expected years left on the carpet. Is this true?

Finally, after talking it over with the apartment they have said they are willing to take off $150 from the total replacement cost. Is this a fair offer?

 

[STEPHAN]

They could only ask for depreciated values. Capet is usually 7 years, blinds 3 years, but there is no standard value.

Did you cause any damage to the carpet and blinds?

 

[FarmerJ]

Rental grade carpet has a life expectancy of 5 to 7 years SO was the carpet brand new when you moved in ( new carpet stink and all ) or not new when you moved in ? You used two years of the carpets life and two years of the blinds life so unless that carpet was brand new when you moved in then If it was me I would go back to them and tell them 150.00 reduction is not enough, and that you should not have to pay for them to replace water stained carpet and if they dont want to do better that you would have no problem going to small claims court and let the court decide for them.

 

[maroonbaby]

Rental grade carpet has a life expectancy of 5 to 7 years SO was the carpet brand new when you moved in ( new carpet stink and all ) or not new when you moved in ? You used two years of the carpets life and two years of the blinds life so unless that carpet was brand new when you moved in then If it was me I would go back to them and tell them 150.00 reduction is not enough, and that you should not have to pay for them to replace water stained carpet and if they dont want to do better that you would have no problem going to small claims court and let the court decide for them.

I have already told them I believe it is illegal for them to charge me the full amount for the carpet. I have repeatedly asked for information on the expected life of the carpet they installed, but they have not provided me with that information, and yes it was new when we moved in we are being told. I have also said that I will take legal action against them and I will, but I do not know how to file for that stuff. Unfortunately, they did not budge except for the $150.

And yes, my cat did mess up the blinds pretty good. What bothers me is not that we are not trying to get out of paying. We know our cats did some damage to the apartment. We want to make this right and we know we are financially liable to a point. However the amount we are being told to pay is just too much.

Another wrinkle is that we are being told that in our lease there was something about we agree to pay 100% of pet damages, and they are saying that the carpet was pet damaged. Therefore we 100% of all damages.

My new questions I think are how I can proceed as cheap as possible. If I incur $500 in legal expenses, then that makes all this a moot point since that is what I owe now.

Also is there any use in going over the apartments head and to the corporate level? I have to settle all of this by the end of the month or they are saying or what I owe will be sent to collections.

 

[FarmerJ]

You were asked a reasonable question about the carpet being new or not! So my guess is that perhaps your pet peed on the carpet alot more than your willing to admit or more than you knew . Im not sure why you think going to small claims does not cost 500.00 but then again You were asked a reasonable question about the carpet being new and declined to answer so maybe your best choice is to use the links above and speak to a Attorney.

 

[maroonbaby]

You were asked a reasonable question about the carpet being new or not! So my guess is that perhaps your pet peed on the carpet alot more than your willing to admit or more than you knew . Im not sure why you think going to small claims does not cost 500.00 but then again You were asked a reasonable question about the carpet being new and declined to answer so maybe your best choice is to use the links above and speak to a Attorney.

I did say in my previous response that the carpet was apparently new when we moved in, or at least that is what we were told by the apartment. I honestly don't know how much small claims court would cost me since I have never had to utilize the service. I did read that it is at least $41 filing fee, but I no longer live in the area and I would have to have a lawyer be there in my place which would be more expenses. I am just concerned that small claims would be just as expensive.

My real concern I guess is that I am being charged full value and not the depreciated value of the carpet and blinds. Is small claims court the best way for me to get this amount reduced, the corporate apartment level, or should I just pay the full amount?