Landlord estimates having to pay money rather than returning deposit.

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kaidono

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I moved into my first apartment complex after getting a full time job. Signed the lease etc. for apartment #14. Upon wanting to move, I moved downstairs to apartment #12 on a month to month basis. Young and stupid me never took personal documentation of the damages to the apartment.

I did ask the manager to record it right after he did a walk through with me. He failed to do so - the new managers claim there is no documentation.

I was obligated to move without them cleaning it due to them booking a move in the same day the tenant of #12. No lease was signed for apartment #12.

Now he claims that the carpet needs to be replaced at full cost to me. The carpet has one rip, caused by a vacuum eating a thread of the carpet; frays by the linoleum, easily trimmed with a knife; and a burn mark in the second bedroom, which was there when he moved in.

As is there is no documentation by either the landlord or me as to damages.

What are my options here?
 
It's always a good idea to get a walk through at the beginning and end of a lease to document the condition of the rental unit at move in and move out. Such documentation (including pictures) helps to prevent issues such as this.

Carpets seems to be a big area of contention between landlords and tenants. A carpet is typically depreciated over a certain number of years (typically 5 to 7 years). If it needs to be replaced the tenant is usually reponsible only for the depreciated value of the carpet and not the entire item.

If you disagree with the idea that you are responsible for the entire cost of the carpet, notify your landlord (in writing) in regards to this and that you wish the transfer of the remaining portion of your security deposit to go to the new apartment. If they disagree with this request then you need to consider whether you wish to take legal action against management.

Gail
 
Landlord refuses to acknowledge my rights

Sorry for not being clear earlier - I have moved to a completely new apartment complex apt 217 under different management.

I spoke to the old landlord again and he says that by moving in to begin with, the carpet was in good condition. I never signed any move in or move out check list, so I was never asked for my opinion of the carpet.

The first apartment was assessed by him as fine - the lady downstairs got her full refund. He claims that he is recarpeting on Monday. I do have my rental insurance company running a claim, and they said they would at least stop by and document the damages - to see if they are validly beyond wear and tear - whether or not my insurance covers it.

Would it be worth my time getting written and signs accounts from the other tenants regarding his poor management and lack of timeliness repairing most things?
 
Which rental in question.

The rental that I just moved out of the the carpet I have been verbally accused of damaging beyond use. The carpet needed to be cleaned after three years for sure, but I was able to use the carpet the entire time.
 
Then what was originally posted stands.

Carpets are depreciated over a certain number of years. If the damage cannot be repaired (i.e., the carpet cannot be cleaned to the same shape it was in when you moved in or tears cannot be repaired) you would be responsible for no more than the depreciated value of the carpet.

The point about taking pictures at move in and move out is for your benefit to have evidence to show in court should you be sued for failure to pay damages after move out. Many smart tenants will do this in for exactly the same reason as what happened to you; to have evidence to dispute damages the landlord claims after moving out.

Why do you think getting statements from other tenants regarding poor management and lack of timely repairs would help you? These things are not the issues that are at hand with this landlord. Typically judges will not accept statements from witnesses (even if they are notarized) as evidence in a hearing.

If you had a witness that could attest that you left the carpet in great shape...and that person was willing to come to court as a witness for you, then that would be a different story.

Gail
 
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