[marcomnzs]

After I move-out my landlord decide to change all the carpet (and charge me it about $1500) instead of clean it because there was a small stain that could be cleaned or changed only this small area - the carpet was not new and there was other stains on it (listed at the move-in inspection). He said that it was a Pet Damage but I don't even have a pet.
- What Should I do? Do I need to pay in full for it?

[RubyPitbull]

Do not be so quick to pay the bill.

Do you have a copy of the move-in inspection paperwork and a copy of a letter from him stating that it is a pet stain? Did you ever take pictures of the carpet before you moved out? These items will help you build a case.

Is this $1500 your security deposit and he is refusing to give you a refund? Or is this just a bill he is sending you?

If you have all the paperwork in hand and this is an additional bill he has sent to you, write him a letter explaining that you never had any pets and that he must be confusing you with a different tenant, you have pictures of the carpeting prior to moving out, and you have a copy of the move-in inspection stating that the stains were already on the carpet prior to your moving in. Attach a copy of that inspection report. Tell him that since you did not ruin his carpet you will not pay for it and you expect him to issue you a credit. Then tell him, thank you, in advance for correcting this misunderstanding. Then, send it via certified mail to him. Keep a copy of your letter and all the documentation in a file, attaching the certified receipts. This may not go away easily. He may try to take you to small claims court. If that happens, all you need to do is bring all that documentation to the court and show it to the Judge.

If you do not have all of the above documentation, please write back and tell us what you do have as proof and someone will be able to advise you further.

[dannysmom]

For your next place. Take pictures the day you have walk through with landloard before signing the lease. Get the pictures dated . And do the same upon leaving

[Justice Matters]

We have three points for you.

1. The burden of proof as to who caused the damage lies with the landlord. If there are no inspection reports or "before photos" then it may be his word against yours.

2. Regardless of who caused the stains, the landlord has an obligation to attempt to mitigate his damages. If he cannot prove that he attempted to have the carpet professionally cleaned then his costs of damages could be restricted to whatever that cost might have been.

3. Unless the carpet was brand new the landlord doesn't get to hold anyone responsible for the cost of new carpet. Compensation can only equal the loss. If the carpet was 20 years old, which is well past the expected lifespan, and already in poor condition then it would have had very little, if any, value. (It's like car insurance; if your 15 year old, rusty, barely driveable $500 car is stolen don't expect the insurance company to buy you a brand new car.) It sounds like your landlord may be trying to get you to pay for the cost of upgrading the carpet to make the unit more attractive for prospective tenants.