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Ilovepugs · Aug 26, 2006, 09:07 PM

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 responsibility 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

brooks · Aug 27, 2006, 12:56 AM

Puppies are notorious for peeing on anywhere and everywhere. Pet owners quickly adjust to the smell. I have no doubt that you don't smell any pet oder, but anyone else can tell within a few minutes. No, pet waste is not normal wear-n-tear. The single best way to loose your deposit is bringing a pet into your home. Puppies are the worst.

Cvillecpm · Aug 27, 2006, 05:27 AM

What Brooks wrote... AND, as a VA landlord, I never allow puppies... even ones in crates.

Since you now own your own home, pay the $800 or the apt mgmt can take you to court AND get a judgement that will place a lien on your new home. This may ultimately cost you much more than $800.

I'm sure they will have stinky carpet pad in a plastic bag that they will open for the judge to prove their need to replace the carpet...

Fr_Chuck · Aug 27, 2006, 05:55 AM

I can agree, my wife is highly allergic to dogs ( and cats) she can tell by the smell ( of you) that you have one in your house.

She could never rent an apartment that had one in it previously.

So what was a nomal smell for you could have been a sickening smell to some others.

Ilovepugs · Aug 27, 2006, 06:38 AM

I have several friends that were regularly in my apartment, that do not have dogs or even any pets, that were shocked to hear about the pet odor allegation because they said they never smelled anything when they were over. One friend has a really keen sense of smell. I know I cannot prove this, but my puppy only had 7 accidents inside (she is crated, except for when we are home and keep an eye on her- she steals stuff, so trust me we have an eye on her always!). Plus she was only allowed in the living room, the 2 bedrooms always had the doors closed.
I guess we just need to suck it in and pay (I don't want to get in any more trouble), but they have a record of doing stuff that is questionable. If they were going to change the carpet after a pet, they should tell you before you get the dog that you will have to foot the bill. The manager said that the nonrefundable pet deposit and monthly charges were only for the privilege of having a pet. Seems to me the charge should be built in. They advertise themselves as being pet friendly and even put brochures in vet offices. They may be pet friendly, but they are not pet owner friendly.
The cleaning charges were just untrue. They didn't even itemize what was wrong, they just wrote dirty for the room. I know they whole room could not have been dirty! I spent hours following the checklist in the back of the resident handbook as to what needed to be cleaned. But again, no proof. I didn't know you could accompany them during the evaluation. In the future, if we ever rent again, I will DEFINITELY be there.
The whole situation is just frustrating. Even if the carpet did smell (which I still think is bogus, but I respect the opinions of those that have posted replies), they are still lying about the cleaning. Arrrrgh!

excon · Aug 27, 2006, 06:45 AM

Hello puglover:

Tell them to sue you. Landlords, in the ordinary course of events, DO need to itemize the damages. Plus, they may indeed, be scamming you. You might very well win.

excon

ScottGem · Aug 27, 2006, 11:00 AM

The two times I moved out of apartments, I took pictures after my stuff was moved out. This was to document that no damages existed. Without documentation, you will probably have a problem in court. I would let them try to sue you for the balance, but if they do pursure it in court, then I would settle.

brooks · Aug 27, 2006, 11:27 PM

I would pay and keep this out of court. The first thing I do when a tenant applies is check local court records. Anything that shows up regarding your landlord is automatic disqualification, I don't care who wins the case or who is right or wrong.

Ilovepugs · Aug 28, 2006, 06:06 AM

We don't really want to go to court. As I mentioned, we cannot afford a lawyer right now. However, would a bluff be appropriate? Call or send a letter saying that we disagree with the charges and going to consult a lawyer, unless we can come to some sort of compromise (like we don't have to pay the remainder of the bill). I plan on calling them anyway in order to find out exactly what was "dirty," who smelled the carpet, and where they smelled the carpet (the puppy was not allowed in the 2 bedrooms, so if they smelled pet odor there, they are more likely lying). Is a dumb idea? We wouldn't be saying that we are going to take them to court, only that we would be consulting a lawyer. It would be interesting to see what the reaction would be.

ScottGem · Aug 28, 2006, 06:08 AM

Send them a letter requesting a detailed, itemized, list of the repairs done including who did them. See what happens next. Send it Certified, Return Receipt requested.

excon · Aug 28, 2006, 06:36 AM

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 · Aug 28, 2006, 07:17 AM

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

s_cianci · Aug 30, 2006, 12:46 PM

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.