I'm pissed

[turtlegrrl13]

My old complex is charging me $789.33 for carpet replacement. After my deposit it's $378. I am soo pissed off. They were nothing but fuckers to me the whole time. I think I need a lawyer.

Posted via LjBeetle

Comments

[thugg1ns]

Most of what I've seen is that the landlord can't charge you for "normal wear and tear," but can charge you for "damages" to the carpets. Wear and tear being defined as "worn and dirty carpeting." "Damages" being defined as "torn, stained or burned carpeting."

So if you got any stains out of the carpets and the only thing left was that the carpets were worn down, they can't bill you for that. Additionally, I would call a few carpeting companies and get a quote to carpet an apartment of your old one's square-footage. That might help you have a lower number to go back to them with (or show a small claims court if necessary) to say they're overcharging.

http://www.irs.gov/publications/p527/ch02.html states that rental property is depreciated from the time it is placed into service, so if it was brand new at the time you moved in, based on the quote from above, you can estimate the current value and argue that you shouldn't have to pay more than present value of the carpeting.
MACRS Depreciation
Most business and investment property placed in service after 1986 is depreciated using MACRS.
This section explains how to determine which MACRS depreciation system applies to your property. It also discusses other information you need to know before you can figure depreciation under MACRS. This information includes the property's:
Recovery class, Applicable recovery period, Convention, Placed-in-service date, Basis for depreciation, and Depreciation method.

Carpets are stated as deprecating over a period of 9 years if they were installed after 1986, for tax purposes. There are tables for MACRS you could look up that would help you figure out the adjusted value of the carpet that was in your unit based on when it was installed.

[thugg1ns]

Also, you could argue the carpeting on a per-room basis if only the living room had stains or something along those lines.

Really though, I'd just start with disputing it as "wear & tear" and then get progressively worse in the argument if they don't drop it there until you've worked your way to calculating deprecation and what the landlord could have already claimed as a deduction in taxes for the carpeting. (You shouldn't have to pay the landlord full value for what they have already been allowed to take as a deduction from the IRS.)

[thugg1ns]

Also also: God, I'm a nerd.

[faerieburst]

But a hot nerd. And more importantly, a correct hot nerd. So it's all good.

Amber: You don't need a lawyer, as this is a small claims issue, and lawyers can't go there. Everything Keenan said is on the money. If you have pictures of what the carpet looked like when you moved out, that would be extremely helpful. If you have pictures of what the carpet looked like when you moved in as well, that would be gold.

If there are stains or tears in the carpet that weren't there before you moved in, they will probably win a small claims court case, but possibly not for the amount they are claiming, if you can show the estimate is high.

If you know there weren't stains or tears, I'd start with a letter disputing their assertion, stating how long you had been there (was the carpet new when you moved in, or was it already there, and if so, do you know for how long it had been there?) and/or how long the carpet has been there and saying that there was no damage caused by your tenancy, which is the only thing they can charge you for. If the carpet was of an age and condition that it would need to be replaced anyway due to normal wear and tear, they cannot bill you for that.

If they refuse to budge, I would file a small claims case preemptively to get your money back. The filing fees and the service of process fees aren't that expensive and you can request them be reimbursed if you win. They will have the burden of showing that the carpet was damaged beyond normal wear and tear.

Good luck!

~Aramada

[turtlegrrl13]

Thank you! There is one stain in the bedroom and I will take responsibility for. The rest is wear and tear. Sadly no pics. I wonder though how much of this is retaliation for the letters and complaints I have done over the last 4 years. I have a nice list of shit they fucked up on and attacked me personally rather than remedy the situation.