Hi, I live in Virginia. We recently moved out of an apartment that we had been renting for one 1/2 years. The apartment complex is only two years old. Since we broke the lease to buy our house, we had to pay for all of August, though someone was scheduled to move in on August 20. We were to be prorated back the amount from the 20-31. When we called on August 20th to confirm that the new residents had in fact moved in on time and to find out how much we would be getting back of our security deposit we were told that we actually owed $800. They claimed that their was pet odor in the carpet and that they had to change the carpet and pad. We do have a puppy, but she was housebroken very quickly and the few accidents were cleaned up immediately. She was never allowed out unsupervised, so there were not accidents that we didn't know about. I bath her every other Thursday and wash her bedding regularly. A month before moving out, I started using baking soda on the carpet to release pet hair and if there was odor (which I never smelled) to get rid of it. I smelled the carpet to see if it smelled ok. It did! We were charged $1300 for the carpet. Almost everyone who has lived in the apartment complex has had their carpet changed after they moved out. The manager said the it was the residents responsiblity to pay for the carpet (with the complex being so new, I find it hard to believe that almost everyone needed new carpet). I had friends over the day we moved everything out that can attest to the cleanliness of the apartment. They also charge for cleaning, which again was bogus. I worked my butt off cleaning. Too bad I didn't take pictures.
My question is, do I have a case? We can't really afford an attorney right now, but I know their was no odor. The manager claims that after shampooing, four people smelled the carpet and still smelled pet odor. However, she lied to me on the phone about something else, so I wouldn't put it past her to be lying about this. Also, does pet odor fall under reasonable wear and tear? Would a letter from a attorney be enough to make them change their minds?
Any information would be greatly appreciated.

Thanks

excon

Hello puglover:

Nahhh. You're bluffing with a pair a dueces. Most small claims courts don't allow lawyers anyway, and I'll bet between the two of you, YOU are the only one who doesn't know that.

Either fight it all the way, or pay it. Anything in between is, is........ in between.

excon

Cvillecpm

Don't bluff if you don't want to go to court. Offer half of what they want.

s_cianci

If everything you've said here is true and your lease didn't specifically prohibit pets, then yes you have a case against them. Go to small claims court with it, in the county where the complex is located ; no attorney required.