Moveout problems in S.C.

[gclamp]

Moved out of our apartment we rented for over 2 years when we bought a house. When we first moved in, there were problems with the garbage disposal. We had no idea what the problem was so just kept track of what stopped it up. Tried unstopping ourselves first. Now landlord is charging us $140 for garbage disposal service.

Also, landlord put new carpet in before we moved in. It was cheap carpet and stained easily in spite of an attempt to Scotchgard it. Even though we had it cleaned, some small stains remained. There was also a terrible smell that was not there before and the landlord is stating it was caused by my dog. My dog did not use the carpet. However, due to the layout of this house, the dryer was vented indoors and caused a lot of moisture in the room where this carpet was.

The landlord is keeping a $300 security deposit, a $200 deposit for the privilege of having a pet, and wants us to pay an additional $456 to replace this carpet. We were not allowed to attend the walk-through even though we requested it. We've never had any trouble from any other landlord we've had. Should we pay or fight? We have offered to let them keep the security deposit, but they still want the full amount requested. We live in South Carolina.

 

[Tracey]

Sue L in small claims court for improperly retaining your security deposit. L can't charge you for any problems that existed when you moved in, or that were caused by L's refusal to properly install appliances. As plaintiff, you get to talk to the judge first -- always an advantage. You are entitled to 3 times the amount of money improperly withheld from your security deposit. [SC Laws, 27-40-410] If L did not send you an itemized list of damages & charges within 30 days of your leaving, L can't retain ANY of the deposit, regardless of the damages. [27-40-410]

L is claiming that your dog ruined the carpet? Your defense is that the "terrible smell" is due to L's decision to vent the dryer indoors. There's a reason that's not allowed under most building codes! (Take a copy of the code with you to court.) Your dig did nothing. (References from former landlords would be helpful here.)

You shouldn't have to pay for all new carpet for a few small stains. In this case, since L's dryer already ruined the carpet, whether it was stained is completely irrelevant. L would have had to replace the carpet whether you stained it or not. Therefore, any carpet stains *have not damages him at all.* Essentially, you get a freebie. Even if you should pay for the stains, L should only get "diminution in value" damages, not an entire new carpet, particularly when he installed cheap crap that you couldn't even scotchguard.

Did you ever report the faulty disposal to L? Can you produce any witnesses who can testify that the disposal has been touchy for the last 2 years?

Also, L's refusal to allow you to attend the walk-through may have curtailed his rights. There's no law saying it did, but it will make L look bad to the judge. I hope you took pictures or can produce the friends who helped you move to testify about various conditions. Also, make sure L didn't charge you to clean the carpets or paint the walls. That's normal wear & tear and L can't charge you for it. Like the dryer/dog/carpet charges, the cleaning/painting is not due to damage. L would have to clean/paint no matter what, since carpets get dirt in them just from normal everyday walking around the house.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.