Need advise on apartment damage

[MG0h3]

I'm not sure they can just send it to collections. You didn't agree to cover those repairs. Maybe they can try small claims court but I doubt they'll even do that as some wear and tear is normal and they'd have to prove that it was like new when you moved in.

Fwiw, I won a judgement in an eviction for @2500. Guy literally told me you'll never see any of it.

Personally I'd call them and remind them the carpet was jacked up when you moved in and the pet deposit and extra 15 a month will cover the little hole and a cleaning. I bet they give up.


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[gimmie11s]

waste of time over $1500.

As mentioned before, get your own estimate for the damaged portion of the carpet, meet in the middle, done. move on.

 

[_Snake_]

waste of time over $1500.

As mentioned before, get your own estimate for the damaged portion of the carpet, meet in the middle, done. move on.

Except he may have already met in the middle: $300 pet deposit + $360 in extra rent

 

[2KBlackGT]

I'm not sure they can just send it to collections.

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Yes they can, and will. Ask me how I know lol. That $4xx.xx I mentioned earlier didn't get paid until I decided to move and found out I couldn't get approved because it was coming upon my credit history. I still have all the paperwok regarding this somewhere.

 

[gimmie11s]

Except he may have already met in the middle: $300 pet deposit + $360 in extra rent

fair point and id argue that if i was him.

However, all of this should have been discussed in the final walk through that never happened.

 

[mc01svt]

I'll try to keep this short so bear with me

I'm not trying to avoid the small amount of damages that we did cause, but I'm not trying to re-carpet the entire place on my dime either. They gave us 2 weeks to pay in full or they will send it to collections. Any advice?

I have been on both sides of this fight. Being a tenant and charged for damage and cleaning fees on move out and now as a landlord for my own rental property.

First off, they cant just charge you to replace the whole carpet. It has to be prorated based on the age of the carpet. The law is set up so that property owners can only charge the depreciated value of the item based on normal wear and tear.

Typically a pet "fee" is a none-refundable 1 time charge. A pet deposit is expected to be returned giving certain conditions are met. Look at the lease carefully and see if you in fact paid a deposit or a fee. One is expected for repairs the other is not.

Don't assume that the management company and/or the owners are trying to screw you. Be reasonable and try to "do your part." When you have a rental property simple repairs have expenses up and beyond what a typical person can expect. When a property is damaged or left dirty not only does the owner have to pay for materials and labor but there is also a fee that the PM charges for coordinating the repair work. In addition the owner loses even more cash due to vacancy. If the work takes 2 weeks to schedule and complete then it ends up being a full month of lost rent because the property was not left in move in ready condition and could not be shown immediately.

My last tenant left over $3,000 in damage at my rental house. The security deposit was $925 and it took several weeks to get everything up to par again. The repair expenses and vacancy erased well over a year of profits. I have no recourse and no viable way to be made whole. The laws are heavily biased towards tenants not owners. Even if i did take her to court and get a judgement, there is still no mechanism to collect.

I would say make them a fair offer for the repairs and see what they say. If not prepare to take a hit on your rental history and/or credit report which will make it more difficult for you to rent in the future.

I would gladly except it if my former tenant were to "split the difference" with me. Heck even a 1/3 is better than nothing.

 

[WireEater]

I dealt with the same shit years ago. I even documented the apartment when I left which was pretty much how it was when I moved in minus typical wear and tear. They came back with me for a bunch of ridiculous charges. I just didn't pay them. They sent it to a collection agency where it has been sitting for 4 years now and will continue to sit. It hasn't really affected my credit. They come to me with stupid settlement offers which are like only 1/4th of what they originally tried charging me which tells you something...

 

[nxhappy]

you will be lucky to jew them down on price lol

get a bid for the repair ...

 

[_Snake_]

fair point and id argue that if i was him.

However, all of this should have been discussed in the final walk through that never happened.

Absolutely agree!

 

[Equalbracket]

1352? for 591 sq ft apt and how much of that is actually carpet? Ridiculous. Get on CL and find an undocumented migrant worker handyman, or ask around they always goteee friend. $100 in labor and whatever materials cost.

 

[7.7secdiesel]

Not sure where you're located but by law in NC an apartment complex has to put new carpet and paint each time the previous resident moves out.

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[phillycobra99]

I went through this with my old apartment. My girlfriend decided pouring peroxide on carpet would be good for removing a stain, needless to say it bleached the carpet. They charged me $550, and sent me a invoice for the carpet install at a total of $607.76 that was installed new when I moved in. So they prorated it slightly. Small claims court is cheap and easy to file, but they pretty much had me dead to rights with the pictures they took.

**EDIT** They are also charging way too much to install the carpet. My apartment was 816sqft

 

[Kevins89notch]

OP, look up local laws, and you have to know how to play their game. They will send it to collections and that will **** up your credit score and chances of renting elsewhere.


My story: I moved out. Place was clean. Deposit was $1,300. They made up a list of $1,600 in "damages" so I owed $300. Their letter said I had 14 days to object. I sent a certified letter back stating I was objecting and those damages were not my fault. They said they didn't receive the letter within 14 days, so I owed the money. I sent a certified letter back asking if their office help graduated 3rd grade. I included photo proof their letter was sent on the 2nd, I got it the 4th, my letter was sent back on the 11th, and they received it the 13th. I included 13 - 2 = 11. They didn't respond after that, nor was I ever sent a bill, nor did I get any of the $1,300 back.

 

[BlueSnake01]

Yes they can, and will. Ask me how I know lol. That $4xx.xx I mentioned earlier didn't get paid until I decided to move and found out I couldn't get approved because it was coming upon my credit history. I still have all the paperwok regarding this somewhere.

Im pretty sure you have to sign and agree the damages on your inspection walkthrough before they bill you. Funny thing is… they dont tell you what it’ll cost….. Thats what they did to me, I had washed and cleaned the carpet with a relative that works in that. I had also told them about it and said I wont receive a big charge. Well…. they still charged me for “paint damages" and bill still came for almost $400….. They were also trying to get me for other crap but was glad to show them pics of it before moving in.

I was happy to sign them off and move to my own house.

 

[2KBlackGT]

Im pretty sure you have to sign and agree the damages on your inspection walkthrough before they bill you. Funny thing is… they dont tell you what it’ll cost….. Thats what they did to me, I had washed and cleaned the carpet with a relative that works in that. I had also told them about it and said I wont receive a big charge. Well…. they still charged me for “paint damages" and bill still came for almost $400….. They were also trying to get me for other crap but was glad to show them pics of it before moving in.

I was happy to sign them off and move to my own house.

That's the thing, I didn't even do a move out inspection/walkthrough that time. Had I did I know I wouldn't have been cited for anything, that apt was left spotless and move in ready. Sucks that I was young and didn't really read my lease thoroughly, I just looked at the monthly rental and length of the lease. They got me good and taught me a life lesson. Received my full deposits back from the last two complexes I've lived at, I did move out walk through/inspections at both.

 

[SHOdown220]

I called this morning and of course was directed to the property manager who is "in meetings all day and will try to get back to you". figures

 

[SHOdown220]

***UPDATE***

Alright so i have been in contact with the property manager and we have went back and forth several times.

To begin with, the carpet has actually not been replaced yet, the cost they are charging is a calculation. The calculation is based on a 2 bedroom (ours was 1) and on a carpet life of 5 years. They listed us as living there for 15 months, when in actuality we were there for 27 months. So the numbers were way off, and now she claims we owe $505, instead of $1350. Which is good news.

That being said our pet "deposit" is actually a fee according to her, because its non refundable and that will not go towards repairs. So we paid $300 up front and $15 a month just to have a pet there, figures.

Now here is where it gets interesting... she sent me an e-mail saying they base their calculations on a carpet life of 5 years, then take the age of the carpet (according to them its 27 months because thats how long we lived there) and do a prorate on the cost to replace. I asked for the previous invoice where it was replaced, and was told since they bought the complex last year, they do not have any access to previous records such as that.

In my eyes, they have 0 proof how old that carpet actually is, and therefore cannot determine an accurate pro-rated amount to charge me for replacement.

I feel like I've got what i need, i just am not sure the next step I need to take to make them realize they've got nothing on me.

Thanks for keeping up guys i appreciate all the feedback