Return to the Apartment Living Forum | Post a Follow-Up

is this legal?

Posted by cojo314 (My Page) on
Wed, Apr 4, 07 at 21:35

I received my deposit back from a rental less a carpet cleaning and painting fee. Then 3 weeks later I received a bill from them for carpet damages. Shouldn't they have held my deposit and deducted the "carpet damages" from the intial deposit? I thought that once the deposit was returned our relationship is over. Is this legal? Who is right?

Follow-Up Postings:

RE: is this legal?

I think you have to check on your individual state or city laws. One place I know of requires that the LL send a certified letter to the tenant within 14 days of the tenant leaving. The letter has to itemize the deductions. If the letter isn't done or is after 14 days, the LL is not entitled to keep any of the deposit regardless of claimed damages. Another State that I've dealt in has something similar, but gives the LL 30 days.
This was handled in a strange manner. I can see where initially they thought the rug just needed cleaning, but after trying to clean they found it was ruined.
I think they messed up. I mean you have the money and have the upper hand in a way, but if you need them for a future reference this will hurt that possibility. And, it's possible that it could end up on your credit report as money owed.
Try talking with them and see what you can work out. In the very least, if you damaged the carpet and they are charging you, you shouldn't also be charged for the cleaning if it's a carpet in the same room.

RE: is this legal?

I tend to think I'd ignore the letter but maybe you should first talk to them before spending more money on a lawyer. Might try to find out the laws in your state. It seems really strange that they gave you a partial deposit and now want more money. And I think it's their problem if they jumped the gun.

RE: is this legal?

This is another classic example of the landlord screwing you for your deposit. If you don't pay the bill, they can screw you over by reporting it on your credit report and you'll have trouble getting another place in the future.

 o Post a Follow-Up

Please Note: Only registered members are able to post messages to this forum.

    If you are a member, please log in.

    If you aren't yet a member, join now!

Return to the Apartment Living Forum

Information about Posting

  • You must be logged in to post a message. Once you are logged in, a posting window will appear at the bottom of the messages. If you are not a member, please register for an account.
  • Please review our Rules of Play before posting.
  • Posting is a two-step process. Once you have composed your message, you will be taken to the preview page. You will then have a chance to review your post, make changes and upload photos.
  • After posting your message, you may need to refresh the forum page in order to see it.
  • Before posting copyrighted material, please read about Copyright and Fair Use.
  • We have a strict no-advertising policy!
  • If you would like to practice posting or uploading photos, please visit our Test forum.
  • If you need assistance, please Contact Us and we will be happy to help.

Learn more about in-text links on this page here