Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Angry Carpet Replacement Charge for "Damaged" Carpet

    My question involves landlord-tenant law in the State of: California

    We lived in an apartment complex for 15 months. I requested to be present during the pre-move inspection as well as the final walk through. This request was faxed to the leasing office, and the manager scheduled an appointment day/time. The maintenance tech came and walked through, with my husband pointing out where our soiled carpet was (mainly next to and near our dining table, in the area coming from the kitchen). The tech said it was nothing to worry about, he was looking for damage like rips and holes in the carpet. He even used the blacklight. He also checked for holes in the walls, vinyl flooring, all appliances, mirrored closet doors, etc. When he left he said "everything looks fine". I did not clean the carpet before we moved because every other time we did, we still got charged for having it cleaned. I thoroughly vacuumed though and cleaned the apartment, but not a deep cleaning because i figured I would be charged for cleaning also. I also do not have pictures. And we never received our final walk through. I know, hindsight is always 20-20...

    I received a final accounting 12 days after move out, and they are charging us $1500 for carpet replacement based on a 60 month pro-ration.---They also charged cleaning fee and pro-rated paint 50%, which is fine.--- When I called the manager she said the entire carpet had to be replaced because it was heavily damaged. Again, the only "heavy" soil was near the dining area, nowhere else. She said the computer system to view the pictures was down, and wouldn't be up until the next day, and that she would give me a call.

    I had to call the manager back the next day, and was told I had to speak to manager #2 who had already left for the day. I called again this morning and was told manager #2 was in a meeting, so I left a message. Manager #1 left a message on my cell (not home#) and said she spoke to the maintanence tech who said my husband told him the carpet was so damaged that it was probably going to have to be replaced.

    I called manager #1 back. I basically told her that I was present and my husband made NO such comment, and I should have received a "checklist" of some sort showing what was damaged when they did the pre-inspection, and that they never did a walk through with us, as requested. She said no, they don't do that, and that the inspection is only to schedule vendors to make necessary repairs and that I should have called the office to find out the results of the visit. She said the guy with the carpet pictures will be in tomorrow, but she's off until Sunday. So Monday will be the soonest she can look at the pictures...

    We never owned any pets, but we have three children (7 years and up) and EVERYONE'S shoes come off at the door. The carpet was cheap quality, but looked brand new when we moved in. About a week after move in, we noticed some stains coming up in the dining area, but it wasn't a big deal (at the time) and we would pretty much just spot clean it. Yes, the carpet was soiled when we moved out, but nothing more than about a year's worth of normal wear and tear.

    I'm sorry this is so long, but if anyone could give me any advice I would appreciate it. I've looked through links in other threads (California Tenant laws, etc), and believe I am in the right. I plan on writing a formal letter to the corporate office, but I would like any other opinions first.

    Thanks for any help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Carpet Replacement Charge for "Damaged" Carpet

    You told us that "maintenance tech came and walked through", then later said that "they never did a walk through with us". It can't be both.

    The issue appears to be the carpet. We can't look at the carpet or the pictures, so we're in no position to tell you if the landlord's claims are valid. If they retain money from your deposit that you believe they should have returned you can always sue them in small claims court.

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Carpet Replacement Charge for "Damaged" Carpet

    Thanks for your advice...

    The mainenance tech came through 2 weeks before we moved for a "renovation scheduling" (their term), basically a pre-move out inspection to look for any damage. When he left, he said everything was fine.

    They never did a "final" walk through with us (as i requested in writing) upon moving out.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Carpet Damage and Replacement
    By PattyPA in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-14-2010, 06:11 AM
  2. Moving Out: Does the "Useful Life" Rule Apply to Anything Besides Carpet
    By arenter in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 06-11-2010, 10:37 AM
  3. Security Deposits: 10 Year Old Carpet, How Much Replacement Am I Liable for
    By confused7086 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-19-2009, 02:50 PM
  4. Security Deposits: Carpet Replacement
    By jenandjason in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-16-2009, 08:34 AM
  5. Moving Out: Charging For Carpet Replacement
    By nomorerenting in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-10-2007, 06:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources