Lawyers... Anything I can do???

[weegegirl 2]

I'm so ticked. I just got home to find a letter from the apartment complex I just moved out of.

I'll leave the fact that it was the worst place I ever lived out of it. But...

I followed all of their guidlines while moving out... I cleaned the hell out of the place and made it real nice. I was always a good tenant there... never got any complaints. The one time I asked them to change a fire alarm battery in the hallway, it took about 6 phone calls and about a month and a half.

Well... I thought I was getting a check for my security deposit back... but instead I got a bill... for damages, minus my deposit. They want to charge me nearly $400 for "carpet stains". This carpet was a gazillion years old when I moved in and COVERED with stains and holes and such. They decided to "replace" the carpet and charge me.

They also tacked on $80 for a broken blind. Okay, so I broke the damn blind... but it broke from over-use because it too was a billion years old.
Lawyers... or anyone with experience... is there anything I can do? Or do I just accept it, pay it, and move on. I just don't feel right for paying something that I did not really damage.

grrrrrrrrrrrr... need air bath.

[Nightingale 0]

YES!

Take them to small claims court.

Depends on the laws in your area, though. In California, you can't charge for carpet after the "lifespan of the carpet" expires, and before that, they have to charge you a pro-rate.

[tonyhays 86]

Most apartment complexes I've been in make you fill out a damage report before you move in. Did you inspect the apt and fill one out? If so, did you mention the carpet stains? If you didn't, don't bother.

tnh

“That which can be asserted without evidence, can be dismissed without evidence.”

[lummy 4]

did you do a walk thru when you moved in and sign something noting all damages?


I'd do a search online for laws in your state regarding rental deposits, damagesd n such. Nolo press also puts out some really good "do it yourself" law books on this subject.

Good luck

I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1

[freeflygoddess 0]

yep, all apartments love to pull this...They know that they can get away with it, because it costs more to fight it then to actually just pay it. There should be probono lawyers willing to fight landlords, esp those that put light blue carpeting in a house that they rent out to families...like it will stay clean with a two year old and a ix year old in house for a year....and not to mention twins on the way...

[weegegirl 2]

sadly, no. i thought i had, but i don't think i ever did. this is ridiculous. i have no case i don't think. it'll end up my word against theirs. what a bummer. that's a lot of jumps.

[FrogNog 1]

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sadly, no. i thought i had, but i don't think i ever did. this is ridiculous. i have no case i don't think. it'll end up my word against theirs. what a bummer. that's a lot of jumps.

You may still have a chance in small claims court, because apartment complexes are known to have a habit of doing this.

The law as I read it, in WA at least, is that the apartment cannot call it a "deposit" if they don't plan on giving it back. It sounds like they're in the gray area, since they could clearly have held money "in case" they needed to clean carpet stains you made and didn't clean yourself, but there's a decent chance you'll be able to convince the court that you didn't make that carpet need replacing, it was just old carpet that through normal wear and tear had reached the end of its days. And charging you for that would be a fee, not a deposit.

BTW, I lived in an apartment complex once and my gf lived in another once, and that is too much for me forever. Let me just make some POed emoticons and quit typing now. :@:@:@:@:@:@:@:@!

-=-=-=-=-
Pull.

[Vertifly 0]

The apartment inspection is the responsibility of the landlord. This is the case in New Jersey anyway. If I don't inspect the apartment before hand and collect a deposit - I am totally screwed.

If the carpet was bad when you moved in, and like Nightingale said, "possibly out of warranty", then the leverage is in your favor. Particularly if the landlord does not have proof of an inspection prior to your occupancy.

Break out the big guns weegegirl, I think that you should fight it. Filing a complaint with the court before the Landlord does will also be in your favor. The courts in my area go through Landlord-tenant hearings in high volume (about 100 per week). The majority of them are landlord plaintiff and a tenant defense. If I were you, I would be the one to make the first move; lawyer or not (but I would certainly advise one). Good luck.

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[Orchid 0]

When you moved out...did you do a walk through with the manager? Also, if there are stains....they should or you should take pictures before you sign the move-out release form..??!!????

"Love is doing small things with great love."

Lacrosse: Legally beating men with sticks since 1492

[weegegirl 2]

Hm... maybe you're right... you guys make some good points... I've never done anything like this (taking someone to court or anything)... but maybe it's worth a shot. As long as I can represent myself or something so it's not expensive. Just such a headache.

Thanks for the advice and encouragement everyone! Any more tips would be great. All of this court stuff is pretty foreign to me.

[AggieDave 6]

Hell, maybe even just filing and the threat of court will scare the landlord into proper action. Doubt it, but you never know.

I say FIGHT! Get'em, if you let it slide, they'll just do it again to someone else.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[weegegirl 2]

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When you moved out...did you do a walk through with the manager? Also, if there are stains....they should or you should take pictures before you sign the move-out release form..??!!????

No... no walk through at all. In fact... I gave them almost two months notice and all they told me was pay up, clean up, drop the keys in the drop-box, and I'd get my deposit back in the mail. Management at this place is totally disorganized and unreasonable. A walk-through would have been out of the question for them.

I also didn't think about taking photos. If nothing else, I've learned my lesson. I'll never be this naive again.

[weegegirl 2]

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Hell, maybe even just filing and the threat of court will scare the landlord into proper action. Doubt it, but you never know.

I say FIGHT! Get'em, if you let it slide, they'll just do it again to someone else.

You're right. The more I think about this, the more I want to go chew some ass. Wrongway helped me move... and he saw how stinkin clean I left that place. I mean, I spent days making it sparkle. It just doesn't seam fair. I even rented one of those dang steam cleaners from Farmer Jacks to make SURE that the carpet looked fresh.

[benny 0]

I'd say probably forget about getting the deposit back but the goal is not to pay more than that. Have a friend call claiming to "represent" you. Talk about court. They don't want to go to court... neither do you... it would cost either of you more than it's worth.

Never go to a DZ strip show.

[Vertifly 0]

I'm a landlord several times over. Take it to court.

Where I live the only leverage I have with tenants is to get them to rent and 'pay me on time'.

I collect security deposits too. **The only way for me to withdraw ANY money from a deposit is to (1) talk to the tenant about the discrepancy (2) agree with them on the problem and the cost to fix it (3) and both agree on what is owed. or (4) convince the court that I deserve some deposit money.

I hate to say this because, in this case, I am on the wrong side of the fence. It WILL take a court order for them to take that money from you. What do you have to lose? Sue them for the full deposit, court costs, and whatever you feel like is deserved? Perhaps some of the lawyers here can elaborate.

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[FreeFallGal 0]

Check out the Mich Landlord Tenant Relationship Act at

http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-348-of-1972&queryid=6535117&highlight=tenant

In particular, I would be concerned with sections 554.612 and 554.613 regarding the tenant's obligation to respond to a notice of damages within 7 days, but look at the whole thing.

[TequilaGirl 0]

What was your initial deposit???