One more time....

[Ladynred]

What is the name of your state? TN

Ok, I posted this same question way back in Feb, but never did get an answer to my question. Maybe someone else can take a crack at it ?? This was my post (slightly edited):
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I have lived in my current apt for 2 years. My lease runs out on 3/24 (edit 8/8 - actually, the lease ran out on 3/24/01, I've been on month-to-month ever since and didn't know it until March 2002 !). When I signed the lease (in 2000), I had to give a security deposit, and they also wanted a pet deposit of 450.00. (I also pay and additional non-refundable $30 a month for the pets.)Well, they let me slide on the pet deposit because I didn' t have it all at the time I signed the lease (edit 8/8 - I had moved from another state and moving costs had me strapped at that time). It was very gracious on their part, unfortunately, even though I intended to pay the 450.00, I never have and they have NEVER pursued me for it.

On my lease (which I have a copy of with my sig), the line on the lease reads like this:

"Resident has deposited with Lessor the TOTAL SUM of $400.00; this being (a) Apartment deposit $350.00, (b) pet deposit $450.00" It goes on to say that the additional $50 will be kept for 'carpet cleaning'. NOTE - IT SAYS *TOTAL* IS $400 ONLY, *NOT* $850 WHICH WOULD INCLUDE THE PET DEPOSIT.

Since they made an error, stating that the TOTAL owed them was $400 and not $400 PLUS the $450 pet deposit, what is my actual liability here ?? While the $450 is listed on the lease, it isn't in the total owed... did they goof up as badly as it looks like they did ???

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Any takers ?? Is my question clear ? I don't realistically expect to get my $350 back either.. that's a gut feeling on my part. This apt has been a nightmare, and that's putting it mildly. I intend to move out as soon as I can find a new place and good riddance to them !!

Thanks !

 

[CA. Landlady]

No. Don't understand what your question is. It states it has been deposited. So they have what you gave them. Someone should have simply crossed through the pet deposit you didn't pay. If you're asking can they bill you now for the pet deposit, then no they can't.

 

[michael parks]

As soon as you give your 30 day notice to move they cannot ask for the $450 deposit, as long as you remain as a tenant they can ask for it tomorrow.

So when you move take pictures lots of them, give the landlord your fowarding address by certified letter return reciept.

Foward your mail from the post office, and if you move not too far away, contact the new tenant, and get them to call you if any mail comes for you or if a process server is looking for you, becuase the landlord is suing for pet damages above the $350..... And slip them a 20.

If you are moving far away get them to do a final walk thru and sign off on any damages, and dont take no for an answer, sit in their office, call the owner, make a pest of your self. You will need a signed statement from them.....anything to termiante the lease, amount of damages etc, anything...get them to sign something, or at least get them on video refusing to sign.

 

[Ladynred]

Yes... I was asking if they can still bill me or ask me for the $450 pet deposit.. you folks basically say NO. I realize they can ask as long as I'm still there.. but in 2+ years they have not, guess they figure they'll try to get me when I leave. Like I said, the lease states a TOTAL owed of $400, not the $850 that it probably should have been if they'd filled out their own lease agreement properly.


Mark - I took plenty of pics when I moved in, and have the original check in list I made of all the things that I thought could come back and bite me. I've also taken pics of the damages that THEIR workmen have caused when they've been in my apt to fix other problems... like the 2 instances of broken pipes and subsequent floods.. the sewer clog (whole bldg!) when their men made a complete mess of my master bath and left the mess.. and just this week, a HUGE nasty rusty water stain on the floor and carpeting when they damn AC unit was leaking and they attempted to fix it ! I told ya.. its been a nightmare. No way am I going to let them try and screw me over for damages done by their hirelings !


Thanks !!!

 

[CA. Landlady]

>>>I realize they can ask as long as I'm still there.<<<

I would disagree. It's waived after waiting this long. They could as a matter of change in terms which if you're now renting month to month it should be a 30 day notice as such but you've given notice.

 

[Ladynred]

Thanks CALandlady !

Should I check this with TN laws ??? I've tried looking things up in the TN statutes on landlord/tenant issues, but have been unsuccessful for this and one other issue..maybe I'm not searching properly.

I also need to find out if TN uses a proration rule on carpet replacements. They've told me they'll charge me to replace the carpet in the apt. The UPSTAIRS carpet was new when I moved in, I've been there 2-1/2 years. I've read that in some states the replacement cost is prorated, figuring a carpet life of 5 years less its current age. I'll fight them on it no matter what, but I like to know how the state laws read on something like this.

Thanks !

 

[CA. Landlady]

Yikes! I would say depreciation is a given but has the pet ruined it? The life expectancy would depend upon the quality and typically they definitely would not have installed high quality carpet in an apartment. I would agree five years is industry standard for low grade carpet. $7-$10 a yd. which includes pad. Do you know the sq ft. of carpet in the apartment? Ask or measure it. Start asking for a copy of the reciept of what they paid for the carpet. Have they already pre-inspected? How do they know it needs to be replaced?

 

[Ladynred]

Ok, its definitely NOT "good" carpet.. I'd say it falls w/in the range you stated, and they certainly cheaped out on the pad, but I'd expect that anyway.

The total sq footage in the apt itself is 1500sq ft. What THEY are claiming would have to be replaced MAY run about 500 sq feet, tops.. that's just the upstairs LR, and upstairs hallway area, as that's the only carpet that was new when I moved in. The ONLY part of the carpet that I MIGHT agree with should they try this is a small section in the upstairs hallway, which, all told, would run 100-150sq max.. and thats IF they replace the entire hallway run.
One of my cats did mess on that section of carpet while I was away 1-1/2 years ago for the Christmas holiday. Turns out it was a medical problem and it was solved pretty quickly. *I* will see to having it professionally cleaned before I leave there.

However, the woman who made the threat of charging me to replace the carpet bases her threat on something else. On one of her forays into my apt..(she comes in and out whenever she feels like it, I found out), she claims there was cat 'mess' all over the LR rug. Well.. I'd been there that morning, and I know for a fact that that was not the case ! What I found when I got home was that the cat had coughed up a few hairballs ! This woman clearly knows nothing about cats, since she can't tell the difference between cat PUKE and cat POOP ! To top it off, the 'mess' was on an area rug of MINE that I have put down OVER the installed carpet, it wasn't even ON 'her' carpet.

Anyway, I've already told her that she's going to have to come up with receipts to prove these replacement costs, especially since, IF its necessary, only a very small section of carpet would need replacing. I know for a fact that this could be done. If she claims that they 'don't make that kind anymore', then shes' going to have to prove that as well.

She also claims she has 'right of entry' to my apt.. well.. I reread the lease very carefully, and she can't just come in whenever she gets a wild hair ! As far as I'm concerned, they're invading my privacy.

Anyway.. thanks for your input