My girlfriend moved from an apt she leased for 13 months. She was charged $200 plus and additional $20 a month for a pet fee.($460 total) Upon moving the dog chewed up a very small portion of the carpet. The whole apt was carpeted but the carpet was in sections. The damage was in one of the sections. My girlfriend mentioned the damage to the landlord and the landlord stated that she would have to pay to the repair of the carpet. They decided to recarpet the whole apt. Damage was only in a section 5 inches wide by 18 inches long. My question is, shouldn't the pet fee be used for the replacement of the carpet?

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Originally Posted by cruznpa1

My question is, shouldn't the pet fee be used for the replacement of the carpet?

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Hello c:

Maybe, but I'd let a judge decide.. Your girlfriend should sue the landlord in small claims court.

Exco

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Originally Posted by cruznpa1

My girlfriend moved from an apt she leased for 13 months. She was charged $200 plus and additional $20 a month for a pet fee.($460 total) Upon moving the dog chewed up a very small portion of the carpet. The whole apt was carpeted but the carpet was in sections. The damage was in one of the sections. My girlfriend mentioned the damage to the landlord and the landlord stated that she would have to pay to the repair of the carpet. They decided to recarpet the whole apt. Damage was only in a section 5 inches wide by 18 inches long. My question is, shouldn't the pet fee be used for the replacement of the carpet?

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Yes, the pet fee should be used for the carpet repair/replacement. However, if your girlfriend's pet deposit/fee was enough to cover the cost of the repair/replacement, then she is liable to pay the difference.

I know better than to ask, but I don't suppose she got anything in writing from the landlord or bothered to take pictures before she moved?

She is going to small claims court. The landlord did send her a letter informing her that she would need to pay for the carpet and had 30 days to dispute. She disputed few days after and requested a written estimate in a certified letter before the work was done. She didn't get a reply and 2 months later received a letter from a collection agency. And no, she did not take pictures but, if the landlord took pictures it will show the small portion of damage unless they're ruthless and added more damage to the carpet.

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Originally Posted by cruznpa1

She is going to small claims court. The landlord did send her a letter informing her that she would need to pay for the carpet and had 30 days to dispute. She disputed few days after and requested a written estimate in a certified letter before the work was done. She didn't get a reply and 2 months later recieved a letter from a collection agency. And no, she did not take pictures but, if the landlord took pictures it will show the small portion of damage unless they're ruthless and added more damage to the carpet.

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A walkthrough inspection should always be completed with the landlord and/or apartment manager prior to vacating; if they sign a sheet of paper stating that the apartment looked great when you left, it will be hard to argue the opposite in court down the road.

How much is the landlord charging your girlfriend for the replacement? It sounds like your girlfriend requested an estimate after the work was already done; you said initially that the dog damaged the carpet and the landlord told her that she'd have to pay to have it fixed - then you said the landlord sent her a bill at which point she requested a written estimate.

Prior to leaving the landlord didn't want to give her a specific time or date as to when the inspection would take place, and when it did she was never called to attend. She initially told the landlord that the carpet had damage. She then received a letter stating that she would need to pay for the repair and the price would be determined. This is the same letter that gave my girlfriend the 30 days to contest. She then contested by requesting an estimate before any work was done and didn't get any reply.

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Originally Posted by cruznpa1

Prior to leaving the landlord didn't want to give her a specific time or date as to when the inspection would take place, and when it did she was never called to attend. She initially told the landlord that the carpet had damage. She then received a letter stating that she would need to pay for the repair and the price would be determined. This is the same letter that gave my girlfriend the 30 days to contest. She then contested by requesting an estimate before any work was done and didn't get any reply.

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So how much is he stating that she owes after deducting the $460?

Well he's not deducting anything except the $100 security fee. It was originally like $560 or something and now it's like $460. Do you know if there is any written law that I could look up pertaining to pet fees? I could use that in court to assist my girlfriend. She is suing the landlord. Not for monetary gain but to have the bill for the carpet disappear.

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Originally Posted by cruznpa1

Well he's not deducting anything except the $100 security fee. It was originally like $560 or something and now it's like $460. Do you know if there is any written law that I could look up pertaining to pet fees? I could use that in court to assist my girlfriend. She is suing the landlord. Not for monetary gain but to have the bill for the carpet disappear.

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This is becoming much more confusing than it needs to be. How much is the landlord trying to bill your girlfriend? You stated that she already paid him $460, and now you said he kept a $100 deposit - which would mean she already paid him $560. What is he claiming is the remaining balance?

Also, I have no idea what your girlfriend is trying to accomplish by suing him. If she got a bill from a collection agency, then she needs to dispute the bill - small claims has nothing to do with it at this point. You don't file a lawsuit to get someone to leave you alone.