We damaged carpet upstairs, landlord charges us for new wood floors downstairs

[tranquility]

What do you they need to produce to make this an actual debt?

What stops them from replacing the refirgerator just because they feel like it and then claiming that the old one smelled like death?

How do I defend myself against subjective "damage" claims that can't be documented by photographs? Moreoever, how do I do it after the fact?

They have to be comfortable that if you sue them they can prove they are right. Truth is a defense and all that. With defamation on things like this, there can be a business practice qualified immunity as well; depending on the facts. That can be overcome by proof of malice. If the debt is some specific contracted amount you didn't pay, you would probably not be able to prove malice. If the debt is based on the opinion of a person about smell or what the legal issues are, malice would be far more reasonable.

 

[justalayman]

I can report people to the credit bureau who I think owe me something?

If I'm in an accident and the other side says the damage is my fault and I don't pay them, I can report that?

When there is a contractual obligation to pay a liquidated amount, there are protections for the person reporting to the credit bureau. When there is a legal issue about if a person owes the debt or not and what that debt entails, the person reporting better be provably correct or be subject to defamation for a false statement to published to a third party. Reporting a legitimately disputed debt would be for the sole purpose of hurting the purported debtor--which would fulfill the element of malice to overcome any qualified immunity claimed. This is a landlord/tenant dispute and not some mortgage against a bank or credit card or other huge agency that would have some factual protections against a claim of malice.

See also:
http://www.ehow.com/info_8632177_texas-reporting-debt-credit-bureau.html

many many collectors are tied in with the CRAs so they can report a debt and most debts are not "court approved" (judgment) debts.

If the creditor believes the debt is correct, that would provide some defense to the claim of libel but...

When I first read your suggestion I was of the same mind as zigner but then I thought about it for a few minutes and realized that may be the only way the debtor can get this into court. Not sure if small claims courts will deal with a libel issue though. Maybe they will, haven't checked. If not, that would mean the plaintiff would likely have to incur the added costs for an attorney to take this to a higher court. It might make it beyond reasonable to go to that extent.

 

[lextex]

Yeah, going higher than small claims court wouldn't really be worth it. The total amount they're charging me for is roughly $1700, which is after they deducted my security deposit. The cost of the carpet alone ate up my deposit, so I don't have anything to sue them over since they're right in not returning the deposit.

So, I've formally disputed the additional charge for the plank flooring downstairs. Now what? Do I just wait until I get a call from a debt collector next year and tell them I don't owe a debt?

 

[Unthought_Known]

Yeah, going higher than small claims court wouldn't really be worth it. The total amount they're charging me for is roughly $1700, which is after they deducted my security deposit. The cost of the carpet alone ate up my deposit, so I don't have anything to sue them over since they're right in not returning the deposit.

So, I've formally disputed the additional charge for the plank flooring downstairs. Now what? Do I just wait until I get a call from a debt collector next year and tell them I don't owe a debt?

How much was deducted for the carpets, and did they charge 100% of the cost to you or did they only charge you a portion of the cost? You should only be responsible for a pro-rated amount based on its age and it's estimated useful life. You shouldn't automatically have to pay the entire cost.

As for the rest, did they say they're sending it to collections? I would assume they'd file a claim in small claim's as a first step, to prove that it's valid. If the judge says you owe it and you don't pay, then they'd send to collections.

 

[joe321]

carpets

I have been having the same trouble.
how do you start my own thread???
landlords are supposed to give you a written letter with the damages and costs. if they don't give you the letter or your deposit money back. you can take them to court after 30 days for them witholding your money. you can get 2 times as much back in pa

 

[lextex]

How much was deducted for the carpets, and did they charge 100% of the cost to you or did they only charge you a portion of the cost? You should only be responsible for a pro-rated amount based on its age and it's estimated useful life. You shouldn't automatically have to pay the entire cost.

As for the rest, did they say they're sending it to collections? I would assume they'd file a claim in small claim's as a first step, to prove that it's valid. If the judge says you owe it and you don't pay, then they'd send to collections.

They charged over $700 for the carpets. The part of the lease that describes cleaning costs lists carpet replacement as a flat rate of $90/square yard. I believe it was brand new carpet and brand new plank flooring when we moved in.

They didn't specify if it was a prorated charge for either. The move out statement says "Carpet replaced due to hole" and "wood plank flooring replaced." It doesn't even mention damage to the wood floor on the move out statement, just that it was replaced.

 

[tranquility]

That is pretty nice carpet. What kind of place were you renting? If just an apartment, that seems punitive. If a nice one with granite counter tops, that might be a reasonable estimate. Quite frankly, I'd see an attorney and run everything by him. It shouldn't cost that much to check and I bet the amount you pay him now will be more than made up for on the back end to the landlord.

 

[lextex]

Just an apartment. Nice, but not granite countertops nice.

 

[Just Blue]

I have been having the same trouble.
how do you start my own thread???
landlords are supposed to give you a written letter with the damages and costs. if they don't give you the letter or your deposit money back. you can take them to court after 30 days for them witholding your money. you can get 2 times as much back in pa

You joe321, need to start your own thread.

YOU can do so by clicking on "thread starter" in the forum of your choice.