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Reasonable charges???

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maluminse06

Junior Member
What is the name of your state?I am from texas San Antonio to be exact and I just recieved a letter from my old apartment place saying i owe them $800 for carpet damage. I had a pet and although i can't speak for him, i don't deny some damage for an ocassional accident but $800? I contacted the property manager to know what the extent was and she said it was so bad it was unhabitable and she had to recarpet the wHOLE place. i asked if the damage wasn't taken care of with cleaning and she said no. but when i left the apartment there was no visible stains & there was no bad odors. She said the damage ruined the whole padding and there was not a single spot on the whole carpet not covered with urine. she says when i moved in the carpet was new. I really don't know if this is the case since when i moved in i did not check the underneath part of the carpet. and aparently all the damage was done to the padding. i told her i wanted to see the receipts for the new carpet and if i could see the unit where the new carpet had been placed. and she said there was no way i could see the unit, that i could see the receipt and some pictures she took. but not the unit. i asked her how am i supposed to know you are not lying about this being done? she just answered i am not lying you just have to take my word cause i said so and you owe the money and you are going to pay it. Is there anything i can do? i have been reading over some landlord tenant rules and they all mention that it should be a reasonable amount and some even mention that even if there is damage that does not mean the landlord is entitled to recarpet. can anyone help? what can i do?
 


JETX

Senior Member
maluminse06 said:
i asked her how am i supposed to know you are not lying about this being done? she just answered i am not lying you just have to take my word cause i said so and you owe the money and you are going to pay it. Is there anything i can do?
First, some questions:
1) What date you move out??
2) Did you give the landlord a WRITTEN notice of change of address? If so, date?
3) What date did you get your WRITTEN itemized statement of deposit??
4) When you moved out, were you current with ALL of your rent??
5) When you moved out, did you breach your lease??

Based on your above answers, your options could be anything from a lot... to nothing.
 

maluminse06

Junior Member
1. i moved out july 31st
2. yes, it was truned in with the keys the day of move out 7/31
3. i don't exactly know what that is, but the letter saying instead of getting my deposit back i owed them money was recieved today 8/26 postmarked 8/25
but the actual date in the letter that they claim they want the amount owed in full by 10 days is dated 8/17, making the money due tomorrow. if this is not what you asked let me know what it was you were asking
4. yes
5. no

Please help im so freaked out right now.
 
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JETX

Senior Member
maluminse06 said:
1. i moved out july 31st
2. yes, it was truned in with the keys the day of move out 7/31
3. i don't exactly know what that is, but the letter saying instead of getting my deposit back i owed them money was recieved today 8/26 postmarked 8/25
but the actual date in the letter that they claim they want the amount owed in full by 10 days is dated 8/17, making the money due tomorrow. if this is not what you asked let me know what it was you were asking
4. yes
5. no

Please help im so freaked out right now.
Texas has specific requirements that the landlord must meet as to security deposits. From your post, it appears that they were met. One possible out.... was this 'letter from the landlord' a DETAILED account of the deductions from your deposit??

Per Texas Property Code:
§ 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.
(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed.


If that was also met, you are pretty much at the mercy of the circumstances with a case of 'he said, she said'.
You can refuse to pay the demanded amount. The landlord could then turn over to a collection agency, and you can send them a 'cease and desist' letter.
Eventually, either the landlord will forget it or file a lawsuit. If they file a lawsuit you will have the opportunity to present your 'defense'. However, it seems from your post, you really don't have one.... since the only real issue is the amount claimed.

So, with all that.... my advice:
Send the landlord a very nice letter (certified RRR) asking for a copy of the receipt for the carpet purchase BEFORE your tenancy (to prove it was new when you moved it as claimed) and a receipt AFTER your tenancy (to prove it was replaced). If the landlord furnishes both, pay the claim. If they can't or refuse, your call as to how much possible 'ordeal' you are willing to accept before a hearing.
 

maluminse06

Junior Member
one more question though i also read that the landlord is not entitled to normal wear and tear. so even if the carpet was completly ruined like she claims. is she entitled to replace all the carpeting at my expense? i mean shoudln't she redo carpeting and subtract an amount for the normal wear and tear the carpet would undergo during my lease?
 

south

Senior Member
You accelerated the damage on the carpet especially with the cat urine; you are obligated to pay for the whole carpet.

Deduct the cat urine and deduct the dirt what would you have been left with?

Cat urine and dirt is not normal wear and tear.




maluminse06 said:
one more question though i also read that the landlord is not entitled to normal wear and tear. so even if the carpet was completly ruined like she claims. is she entitled to replace all the carpeting at my expense? i mean shoudln't she redo carpeting and subtract an amount for the normal wear and tear the carpet would undergo during my lease?
 
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Try to understand landlord's position

Actually her charges sound reasonable and here is why. My father in law is a landlord and he in the past has had to tear out all carpeting, the pad and plus he has had to sand the wood part of the floor and have it sealed in a varnish, shellac to seal the floor. Pet urine can be costly for landlords to repair. Even a low cost carpet and pad can be expensive to replace. My father in law no longer allows his tenants to have pets and if they sneak them in. He evicts them and rightfully so. He is a very fair man but some tenants try to screw him over. So please try to look at it from your landlord's point of view. Maybe if you continue to rent and own pets consider getting renters ins.
 

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