Any landlord / tenants out there?

[truckermatt]

Hello,

I recently moved out of an apartment after 4 years, and i received in the mail what i thought was the refund of my security deposit (SD) but in fact it was a bill saying the i owe and additional $400 to them because they want to replace the carpets in the 2 bedroom apt. The carpets weren't stained or anything just normal traffic use. and the carpets weren't new when i moved in either, they are original to the building, as of 1988 so the carpet is 22 years old.

How or what should i do next. They haven actually replaced the carpet yet,

I understand some cleaning charges and stuff.

Any help.

 

[angus63]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Every location judicates landlord/tenant disputes different. Did you have a lease/contract? If so, how does it read regarding damages? If you have pictures dated near when you moved in, it may help.

You should not be responsible for normal wear and tear, but only for damages beyond the expected.

Good luck!

 

[truckermatt]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

yes, a lease was signed, and it states that anything damaged would be taken out of my SD. but nothing about wear and tear...

I will call them on monday and see was happens.

 

[kenmyfam]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Fair wear and tear can not be deducted as far as I know but different areas may well have different rules and regulations.
Going through that with our daughter right now. They are trying to charge her for all kinds of stuff after she moved. A lot of the bigger rental companies try that on with people that move out. If you make enough noise about it then it usually goes away. Some people just pay up though and the landlord wins for the cost of mailing the bill.

 

[truckermatt]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

yes i agree about the large companies. They figure of only half of the people pay, then its still 100% profit..

I will indeed make some noise.

 

[kenmyfam]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

I will indeed make some noise.

Threaten to take the issue to the media. If it is a larger rental company they will not want the bad publicity.

 

[bruceb58]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Take them to small claims court.

 

[truckermatt]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

hopefully the resolution can be made out of court

 

[tashasdaddy]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Having been a landlord and tenant. 4 years out of carpet is good. they have nothing to complain about.

in Florida, you need to send a registered/return reciept, claim for the deposit in dispute. just a simple letter that the carpet is really 22 year old. be sure to keep a copy of the letter.

these complex managers are out to get all they can out of you. there bonus, is base on $$$ volume.

 

[dlindeblad]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

This is why I:

1. Hardly ever settle for "The check is in the mail"

2. Have the landlord sign the check-out sheet that all is satisfactory.

#2 makes it much harder for the landlord to have a legal basis to keep deposit as long as he/she does not note the discrepancy. I have been doing this for the last 17 years of renting various places.

 

[avenger79]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

hey truckermatt.
I am in wis. my mother is in apt managment in wis. i lived in an apt for 14 years and helped the lanlord out on a semi regular basis.
those points are very important, as other states have other rules.
in wis after one year (i believe, i'll find out for sure) your carpet is considered "paid for" what that means is after you have lived there that long they cannot make you pay to have the carpet replaced. if it wasn't new when you moved in they have no grounds to stand on at all.
they are either bluffing you into paying or they do not know the laws here.
now are you being honest with yourself as to what they want you to pay? I say that because many times people get that bill and say oh it's for that ... but the wording of the bill is very different. if they are charging you for physical damages to walls or doors or whatever then you may be in trouble.
so what can you do? you have two choices, get an atty. should be low cost, have them write a letter to the landlord informing them of the due date that your deposit is due back to you and the fact they cannot charge you for caarpet. also have him add the cost of legal fees to the letter.
or you can hit the books yourself and lookup the wis tenant laws. i had a copy when I was renting. I'm sure you can find most of the info on the net. after that send a registered letter. nothing nice and personal. everything legal. state why you do not have to pay for the carpet and note in there if your deposit is not returned within the prescribed time it will begin bearing interest.
above all, be professional and legal. do not threaten, yell, or say "do you know who I am" yeah that sounds funny but you'd be amazed how many times people say it when dealing with the landlord. as a matter of fact they do know who you are. your job, criminal record, and credit history are all available to them.

 

[Tim Frank]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

nothing nice and personal. everything legal. state why you do not have to pay for the carpet and note in there if your deposit is not returned within the prescribed time it will begin bearing interest.

In this jurisdiction, the security deposit bears interest the moment you give it to the landlord.

 

[Fly Rod]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Hello,

I recently moved out of an apartment after 4 years, and i received in the mail what i thought was the refund of my security deposit (SD) but in fact it was a bill saying the i owe and additional $400 to them because they want to replace the carpets in the 2 bedroom apt. The carpets werent stained or anything just normal traffic use. and the carpets werent new when i moved in either, they are original to the building, as of 1988 so the carpet is 22 years old.

How or what should i do next. They havent actually replaced the carpet yet,

I understand some cleaning charges and stuff.

Any help.

I take it that the additional 400 is above and beyond the security deposit. Pictures would help, if you could get back into apartment.

You can take them to small claims court to get your deposit back.

If you are a smoker,smoke indoors, rugs may need to be replaced.

 

[Brewman61]

Re: Any landlord / tentants out there?

Re: Any landlord / tentants out there?

Generally, if the carpet is being replaced merely because you lived in the appartment, the owner should cover the cost of replacement- it's normal wear and tear.
If you damaged the carpet somehow, then I could see them charging the tennant.
When I was a property manager that's how I ran things, anyway.
The owners were really cheap, and put in the least expensive of everything, then they were surprised when it didn't hold up.
Unless your lease specifically states that your responsible for normal wear and tear, I'd recommend you fight them in small claims court if necessary.

 

[marlboro180]

Re: Any landlord / tenants out there?

Matt,

Having been on both sides of that rental fence, what you got was called the security deposit transmittal. In WI the LL has 21 days from the day your lease/ rental agreement has terminated to send it to you, so they are just doing their part to get that out to you.

22 years old carpet??? How would you know that? You only lived there for 4 years. Not being snarky, but how do you know that?

Were the carpets cleaned when you moved in, and when you moved out?

I can, and regularly do charge tenants on the way out if they do not clean the carpets on their way out, and quite honestly have never had a problem getting it out of their deposit.

You have to be a lot more specific here in WI , things are different if you are in either a month to month, written, verbal, or 1 year lease. WI Ag Law is pretty specific, and different rules apply for any of the aforementioned scenarios. I will say that WI law is really protective of the tenant, and one such as yourself, if you have documentation such as a move-in condition report, previous cleaning charges, etc... that would be in your files, as well as theirs, are the key .

I have never had anyone pay additional charges like the ones you got, they never pay, it turns into a waiting game, and who has more time or energy. Unfortunately it has ended up in court a few times.

Check the company out on CCAP WI, all public record, and see if they have a history of being in court. This might give you an idea about their ways of doing business.

 

[truckermatt]

Re: Any landlord / tenants out there?

Thanks everyone for the replies... just got home from work... Just so everyone know i wont disclose the company name or too many details since the ordeal is in process.

Avenger79: I understand what you mean, the "bill" i got specifically said capert replacement, not damage to walls or anything else.

Fly_rod: yes the $400 was above and beyond my $500 deposit that was already "used" on other charges.

Breman61: the lease states nothing about me being responsible for wear and tear.

Marlboro180: I know the age of the carpets because i was the second person to live in the building. the first lady moved in when it was new, and i moved in 18 years later, and the carpet was the same, also i knew that old property owner personally and he confirmed that. Carpets were cleaned when i moved out.

Also, Using Ccap, i saw a few lawsuits against the company... most were other flooring buisness suing them for payment.

 

[truckermatt]

Re: Any landlord / tenants out there?

just a little update... I sent a letter to the company explaining my side of the story, and the "office manager" called me a few days later and said she will look at my account and call me back on monday so we can solve the dispute.... on the phone i was very nice and gave no information yet... so we will see what happens on monday.

 

[stic88]

Re: Any landlord / tenants out there?

trucker: here in ca after three years the carpets are suppossed to be replaced. i worked for an apartment rental co. and they would always find little things to charge to the tennants that are on the out. we always repainted and cleaned the apartments as well as replace or shampooed the carpet. even if the tennant had done all of this. they were still charged. i think most of the charges were bogus and the slumlord that i worked for was money hungry, take them to court if you havve to but dont give in like most people. i now rent from my aunt and she pays for everything that i want to do to the house as long as it is improving the place. i have sent her a bunch of reciepts and only 50 bucks for a months rent and she called and asked a few questions but i explained and she had no problems.

 

[jonesg]

Re: Any landlord / tenants out there?

trucker: here in ca after three years the carpets are suppossed to be replaced. i worked for an apartment rental co. and they would always find little things to charge to the tennants that are on the out. we always repainted and cleaned the apartments as well as replace or shampooed the carpet. even if the tennant had done all of this. they were still charged. i think most of the charges were bogus and the slumlord that i worked for was money hungry, take them to court if you havve to but dont give in like most people. i now rent from my aunt and she pays for everything that i want to do to the house as long as it is improving the place. i have sent her a bunch of reciepts and only 50 bucks for a months rent and she called and asked a few questions but i explained and she had no problems.

here in MA you can request the carpets be cleaned and walls be painted after 4 years .

 

[waterinthefuel]

Re: Any landlord / tenants out there?

This is a fantastic thread. I'll be renting a place soon for a short period until I find a house to buy. I need to know about stuff like this.