Need some legal advice

[bct15]

Hey folks, I have a situation thy I need some advice on. I recently purchased a house and my old apartment is trying to rip me off. I did a walk through with them the Monday after my lease ended (lease ended on a Weekend), during the walk through i was told that I would not have to pay for the carpet or walls. I signed the a walk through agreeing to specific damages, then left. I received a letter in the mail the other day with and exorbitant amount of charges, mainly the carpet. I went to the office and they now have a new walk through checklist and no longer have the one I signed, and said that if I don't pay they will ruin my credit. In my move out letter I specifically requested to be present during the walk through, and in the initial move in it was noted the carpet was not new. I lived in the apartment for four years and I don't think the carpet was that bad. What steps do I need to take to dispute the charges and go to court. I have pictures and videos of my son playing in the apartment just before I moved out. Who just tuned one.

Thanks,
Brandon

 

[spscrazy]

check out your local court house & see what the $$ limits are on small claims. I took a "friend" once to small claims because after 6 months she wouldn't pay for a puppy because after 3 months she gave it away & in her mind then didn't have to pay for it. small claims is nice because you both go before a judge & get to explain everything. I think here it was claims under 1 or 2 thousand dollars. I went to the court house filed a claim for about $40. which when I won she had to pay me back for.

 

[dhutcheson]

Do you have a copy of your signed walk through? If not I belive you are only out your damage deposit. What can they report concerning to credit? Were you late with rent? First and foremost send them letter demanding that all communication must be in written form with no phone calls. And if send them a dipute of charges letter? Reguardless you have that right and demand to see a copy of all of your paperwork including the original lease. And walk through documents.

 

[Salty Dog]

damage deposit only, You should have got a copy of the final punch list, Man I have a guy renting from me and I want him out in the worst way, He doesnt follow any rules, lays on his couch all day watching TV, no job just useless. He is a mess.

 

[bct15]

No I didn't get a copy of the signed walk through letter, I trusted the lady to do what she was supposed to with it. They are charging me about 5 times my deposit to replace the carpet, and said they are going to turn me in to a collection agency preventing me from being able to open any new lines of credit and damaging the credit i already have. As far as hurting my credit, I had never been late on a single payment while living there (on any bill including rent, I own a house now). I have a signed copy of my move in check list stating the carpet was not new, I also have a paper signed by them stating I wanted to be present during the walk though. They threw the walk though I was there for away and did a new one without me there. I am very agitated right now, I can not believe how dishonest some people are in this world!! While talking to the lady she pulled out a $25 fine for when i set my trash outside my door for five minutes while I changed to go to the gym before I took it to the dumpster and stated that fine was indicative if my lifestyle and apartment condition.

 

[Reef Pets]

Do you have a copy of the lease? Typically your security deposit will cover damages. Each state has different rental laws but in most states the law states that the security deposit cannot apply toward normal wear and tear. It would be hard for them to win in any sort of civil case because you lived in the apartment for 4 years. After four years its hard for one to determine whats normal wear and tear especially if the apartment was not new when you moved in.
As for the carpet most rental apartments have whats known to be 5 year carpet meaning its made to last five years. Its a cheaper carpet and apartments use it since they typically have to replace it within that time anyhow. I would ask them who their carpet contractor is and call them to see what grade carpet they use. If its 5 year carpet and was used when you moved in then they have no grounds for you to place it at your expense.

 

[iani]

Do you have a local rental board? If not it may be worth it to contact a real estate lawyer.

 

[-Logzor]

Get all of your evidence/information organized and file a small claims suit. Worst case scenario you still end up having the pay the full amount.

In these claims courts they go by hard evidence, if you can prove that you shouldn't have to pay for the repairs then it should be an easy win.

I suspect this is a scam they pull on countless tenants, they put in that dirt cheap carpet that turns black after a year or so, then rip you off when you vacate.

Just make sure you have the evidence to prove your case and you're good to go. They might even back off if you file a claim.

Unless you put holes in the walls, didn't clean the unit very well when you left, caused water damage, or ruined any appliances, then you should sue for your full deposit amount.

 

[Johnthebaptist]

I cannot give any legal advice but can tell you from personal experience that many rental corporations are basically trumping charges just to make money. The basic thinking is that people will pay rather than fight. I did have to get legal counsel and it was quickly resolved when my lawyer threatened to call the agency on the matter. I however am blessed to have a lawyer as a best friend so I did not have to pay for legal fees. You may have to ***** which is cheaper. Sorry for your troubles and will pray they work out well.

 

[returnofsid]

Contact your state's "Fair Housing" department. You have the right to appeal the charges that your landlord is trying to collect. The threat of turning you into a collection agency, is just a scare tactic, for now. Eventually, yes, they can do that, if you don't appeal the charges and don't pay them. You should be able to go to your local court house, for information that can help you. In most states, there are agencies set up, to handle Tenant/Landlord disputes, before needing to go through the court process.