WWYD: Do I have any recourse in this situation?

[mommy111]

I just had a quick renting question....we moved out of an apartment a couple of months ago. In returning my deposit, the company wanted $800 for carpet cleaning and replacing damaged stove. Now the carpet cleaning I can understand. The stove, however, was damaged before we got the apartment. And I can understand replacing the stove with something equivalent, but spending $600 on a brand spanking new latest bells and whistles stove....well, I don't know why I should have to pay for that.
Is this usual? Should I just suck it up? Or would you do something about this situation?

[TwinFoxes]

From my extensive legal knowledge I got from Judge Judy, you should be charged for an equivalent item. If the stove is 20 years old, you're right they don't get a new stove.

$800 for carpet cleaning is ridiculous. First of all, there's normal wear and tear. So unless you trashed the place they can't charge you for general cleaning. I'd also like to see a receipt that they spent $800. They can't just pull a number out of their butts.

You can start by writing them a letter and offer to settle for an amount you think is fair. After that you can go to small claims court.

[aks226]

I had a similar situation a few years ago with a large bleach spot on the carpet. They tried to charge me to replace the carpet, but I had noted the spot on my move-in walk through. Did you do a walk through before you moved in? If you did and you noted the problem with the stove, then you should be able to fight it.

We learned after that to keep the walk through paperwork at least a week to make sure we had time to check everything out before we turned in the paperwork.

[mommy111]

From my extensive legal knowledge I got from Judge Judy, you should be charged for an equivalent item. If the stove is 20 years old, you're right they don't get a new stove.

$800 for carpet cleaning is ridiculous. First of all, there's normal wear and tear. So unless you trashed the place they can't charge you for general cleaning. I'd also like to see a receipt that they spent $800. They can't just pull a number out of their butts.

You can start by writing them a letter and offer to settle for an amount you think is fair. After that you can go to small claims court.
Thank you for that...so the $800 is carpet cleaning and stove. From what I estimate (small 2BR apt) carpet cleaning should be $200ish (only the living room, whish is fair, the carpet was not horrible by any stretch, but had the usual stains that you can get in a house with 2 kids) and a brand new basic stove should be around $400 (and our stove was old and damaged when we moved in which is a whole 'nother story....the management in our apts is ridiculous)


I had a similar situation a few years ago with a large bleach spot on the carpet. They tried to charge me to replace the carpet, but I had noted the spot on my move-in walk through. Did you do a walk through before you moved in? If you did and you noted the problem with the stove, then you should be able to fight it.

We learned after that to keep the walk through paperwork at least a week to make sure we had time to check everything out before we turned in the paperwork.

Hmm, that is interesting, I don't think we ever had a 'walk through' per se. I have to look into my initial paperwork.
Thank you for that tip.
And I will make sure to ask for a receipt

[ett]

I don't understand why you should have to pay for the stove if it was already broken when you moved in. Before every apartment I've rented, I've always had to do a "walk though" where you specified things that were not working, flaws, etc. to prevent you having to pay for it when you move out.

[Toba]

I agree with TwinFoxes ... I have also gotten most of my legal knowledge (civil stuff) from Judge Judy! LOL!

Many years ago when my DH and I were just living together, we rented a condo from a couple. Stayed there for 2 or 3 years. When we left, they tried to charge us for all kinds of ridiculous stuff and wouldn't budge. We actually wound up in court over it. They wanted us to pay for normal wear and tear stuff ... like a vanity door that was crooked from a loose hinge, a whole new shower handle set (the name escapes me at the moment) because the hot water one was semi-stripped (which we had complained about numerous times), a ruined smoke alarm that was waterlogged from the AWFUL job they had done replacing the furnace/central air (which was completely and utterly their fault ... we actually had no heat for three months during the winter because they couldn't find another unit to fit into the closet where the old one was and couldn't get the board to allow them to put a central air vent on the roof) and to paint the entire condo (mind you, in NJ, it is a law that they have to re-paint upon each new tenant) ... and on and on. We won, but had to take a day off from work for something stupid.

Anyway, the moral of my story is that I remember it was VERY important that we hadn't cashed the check the landlord had tried to send us (with the portion taken out that THEY felt they were entitled to), because apparently that meant we were "accepting" their terms of contract (we had called an attorney for advice). I do remember one of the mediators (who were attorneys) saying we could have written, "under dispute," or some such verbiage and still cashed it, but even that wouldn't have guaranteed we would have gotten our money back. It was awful because way back then (this was like 14 years ago) we had just bought our house and needed the deposit back badly and had to wait for the court date (and even then, the judge gave them like thirty days to pay us). I don't know if that's just my state or there is a way around it, but just wanted to throw that out there.

[mommy111]

I don't understand why you should have to pay for the stove if it was already broken when you moved in. Before every apartment I've rented, I've always had to do a "walk though" where you specified things that were not working, flaws, etc. to prevent you having to pay for it when you move out.
See, I don't remember doing that....but it may just be my bad memory. I will look through my papers. Also, the apartment building changed management in the period that we were there and although I complained about the stove numerous times to the old management (not in writing...I should have done that), the new management may not know.
However, we had been in this apartment for only 3 months (upgraded to a larger apartment from a smaller one in the same building after the little one was born) and the stove was not technically 'broken', just very, very old. So I see no reason why I should have to replace an old stove to the tune of $4-600 when we had used it for only 3 months.....

[MamaMolly]

See, I don't remember doing that....but it may just be my bad memory. I will look through my papers. Also, the apartment building changed management in the period that we were there and although I complained about the stove numerous times to the old management (not in writing...I should have done that), the new management may not know.
However, we had been in this apartment for only 3 months (upgraded to a larger apartment from a smaller one in the same building after the little one was born) and the stove was not technically 'broken', just very, very old. So I see no reason why I should have to replace an old stove to the tune of $4-600 when we had used it for only 3 months.....

Wait, they are insisting you replace an old, damaged stove? I'm not getting if you guys did some damage to it or if it was like that already when you moved in. If you did do some damage I'd offer to pay $200 towards a new stove and $100 towards carpet cleaning (since you already said you agree it needs it).

If you didn't do a thing to the stove then I'd tell them you returned it in the condition you received it and you won't pay for a new one. Let them know you complained repeatedly about it. And I'd note that you'd only been there 3 months.

I agree it is very important to do a walk through, and be super duper crazy picky about it. Lesson learned for next time. I'd be surprised if you didn't do one before, it protects both the landlord and tenant.

You also need to insist on seeing receipts for the carpet cleaning and for the new stove. I once had a shady landlord who charged tenant after tenant for the same stain on the hardwood floors and never fixed it. It was MY valuable lesson! I might go so far as to not pay until you'd seen receipts.

[Toba]

^^ yeah, I'm unclear too ... is it just really old or are they claiming that you actually did something to break it?


I might go so far as to not pay until you'd seen receipts.

And therein lies the problem with these situations ... the renters' money is held "hostage" unless you fight it. They just deduct from your security deposit and then send you what they feel is right.

[youngmommy]

Another option is to hire a carpet cleaner yourself. I've had my appartment done by outside cleaners. You can also rent a carpet cleaner and to it yourself. I've done it, and it's a lot of work, but cheaper than hiring a company. GL.

[KBecks]

I don't think that's normal.

[wendibird22]

My "expert" advice comes from my experience working with college kids who rent apartments and so I'm all too familiar with landlords holding security deposits hostage and charging crazy amounts for things.

I second cleaning the carpet yourself. Sooooo much cheaper to rent a machine. And yes, you are allowed normal wear and tear...and that includes the carpeting. So, some dirt is acceptable, stains/spills are not. In some states it is law for the property owner to clean carpets and paint between tenants at THEIR expense.

Do you have a local rental housing authority in your town/city? Most areas have one and they can help you clear up this matter and let you know your best course of action. Do you have a copy of your lease? This should outline exactly what you are expected to do upon moving out (I had a lease once that said I had to clean the carpets myself at my expense) and under what terms they can withhold your security deposit. And yes, you are entitled to a documentation of the cost of repairs/cleaning.

Unfortunately, small claims court can be expensive and oftentimes costs as much or more than the amount you are trying to get back from your security deposit. So, I'd try every other means of clearing the situation up before pursuing a claim.

Good luck!

[mommy111]

I have to call them this AM to figure out what exactly they mean by 'damaged'....we got the stove with 2 burners working and 2 not working. Complained about it, to no avail. It didn't really bother us because we were gong to move out anyway and because we knew that the building was changing management and there was chaos in management and we were moving out soon.
I totally see getting the carpet cleaned, and that I think is toally reasonable. The stove, the more I think about it, the more it seems unreasonable to do.

[mommy111]

Anyway, the moral of my story is that I remember it was VERY important that we hadn't cashed the check the landlord had tried to send us (with the portion taken out that THEY felt they were entitled to), because apparently that meant we were "accepting" their terms of contract (we had called an attorney for advice). I do remember one of the mediators (who were attorneys) saying we could have written, "under dispute," or some such verbiage and still cashed it, but even that wouldn't have guaranteed we would have gotten our money back. It was awful because way back then (this was like 14 years ago) we had just bought our house and needed the deposit back badly and had to wait for the court date (and even then, the judge gave them like thirty days to pay us). I don't know if that's just my state or there is a way around it, but just wanted to throw that out there.

Thank you for that, we will not get the check cashed, we haven't as yet.

[Octobermommy]

You should have received an inventory and condition move-in form. They are usually pretty standard with rental properties. They are a great way to protect yourself in these situations. If not, did you take pictures etc.?

Also, check and make sure you can rent a carpet cleaning machine. Some leases specifically state that it must be a "professional" job and not a rental machine.

Good luck, that is so frustrating for you!

[Melbel]

I agree that you should not be charged for the stove and that you should only be charged a reasonable fee for carpet cleaning (probably no more than $100) unless the lease requires the landlord to do so. You can normally get a free in person or phone quote from reputable carpet cleaning companies. In addition, I would do the following:

1. Read the lease provisions dealing with the security deposit, end of term and dispute resolution.
2. Google your state name along with "landlord" "tenant" and perhaps "security deposit". Landlord/Tenant law is governed by individual state statutes so your rights and remedies will vary depending on where you live. In all likelihood, you will come across some pages written in plain English.
3. Check to see if you completed a move in condition form.
4. Promptly write a strongly worded letter disputing the reduction of your security deposit. In the letter, you should clearly state that the stove was left in the same condition as you found it 3 months prior. If the lease and/or state law requires for you to pay for cleaning the carpet, offer to pay a reasonable amount based upon your quotes. Give the landlord a specific date to respond. If the problems with the stove are documented on a move in form, attach it to the letter. Consider adding a statement at the end to this effect: "While we prefer to resolve this matter amicably without the need for expensive and protracted litigation, if necessary, we are prepared to file a suit in which we will not only seek to recover our security deposit, but also court costs and attorney fees." If they are trying to pull one over on you, then the threat of litigation may set them straight.

GL and HTH!