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flamedavenger · Mar 28, 2013, 08:30 AM

Ok... I just assumed that if there was a sign already up, that it was deemed move in ready... You're saying that's not the case and If that were the case, and the carpet had to be replaced, that it wasn't done in a day... It just seemed odd to me... Made me question whether I was being lied to by a bogus excuse to keep the deposit... Im not saying our cat didn't urinate on the carpet but I can't say that he did either because I don't know... I didn't witness it... Its possible he did but he's never done that before and I never noticed a change in smell in the house... But I'm aware that things happen even if you don't expect it... But I shampooed the carpets not because of that but because there was dirt stains when we moved in and didn't want to be blamed for it...

flamedavenger · Mar 28, 2013, 08:31 AM

And just basically I wanted the place spotless...

ScottGem · Mar 28, 2013, 08:35 AM

When a prospective tenant views the property, that tenant can ask for certain things to be fixed or done. Its even possible, in the 2 weeks, he got a tenant who insisted the carpets be replaced and he decided to stick you for it.

But the key here is the that he has to provide you with the deposit or an itemized account of how it was used within 30 days or he forfeits the right the use the deposit. Nothing else matters.

flamedavenger · Mar 28, 2013, 08:41 AM

The landlord told me I should expect it in the next few days... Lets say I receive it on the 4th of April which would put it at 31 days, but the post mark is within the 30 days window... It goes by the post marked date instead, correct?

flamedavenger · Mar 28, 2013, 08:43 AM

Actually the 2nd would put it at 30 days

LisaB4657 · Mar 28, 2013, 11:57 AM

Yes, it's the postmark that counts.

flamedavenger · Mar 28, 2013, 01:47 PM

Ok thanks everybody... I'll update when I can

flamedavenger · Mar 28, 2013, 06:04 PM

**Update**
So we received a "Itemization Of Securty Deposit" form in the mailbox today... The form that says "The carpets have to be replaced due to the unbearable cat odor. No one will consider living there. New carpet exceeds the deposit. Cost to cure is $2866.00"... After deposits taken out, balance is $2416.00... We have 10 days... So, without my knowledge, my fiancé text her asking if she read that right that we owe $? Landlord replied, "Yes. But I'm not gonna pursue the matter further. I'll just write it off"... Something sounds fishy to me... If someone owed me thousands, I'd be on top of it... Not let it go... Should I pursue this any further or chalk it up as a loss and lesson learned? Im afraid if I did still go the court route, that she'll change her mind magically and demand I pay...

LisaB4657 · Mar 28, 2013, 06:24 PM

Now that the landlord has given you an itemization and states that there is additional money due, if you sue them for the return of the deposit they can counterclaim for the additional cost f the carpet. Then you're taking a chance that the judge will decide in your favor. If the judge decides in their favor then they will have a judgment against you for the additional cost.

You have to decide if you want to take the chance that you'll lose and owe them money.

No matter what, make sure that your fiancé keeps the text where the landlord says that they won't pursue it any further.

flamedavenger · Apr 2, 2013, 06:05 AM

So I went by the old house to see if anything was actually done... Talked to ex neighbors when I got there and asked if they've seen carpet going out and new coming in... Neighbors said that they did see carpet going out but not going back in... So I looked in a window and saw why this is costing $2866 instead of $1000-$1500 as my brother, who owns a carpet company, told me the replacement should cost for material and labor... They replaced the carpet with ceramic tile throughout the house and it's the same tile that's in the kitchen, dining room, and 2 bathrooms... My question is, can the landlord switch to a more expensive flooring at my expense? I was under the impression that the carpet had to be replaced with equal value or maybe just a tick higher quality... NOT expensive ceramic tile!

LisaB4657 · Apr 2, 2013, 06:34 AM

No, the landlord cannot use your deposit to replace the carpet with anything worth more than the carpet was worth at the time you moved in. Now you know why the landlord was willing to "write it off".

But if you've been told that the replacement cost of carpet would be $1,000 to $1,500, and you had provided a security deposit of $500 and non-refundable pet deposit of $250, it would not be in your best interest to try fighting the landlord at this point. If a judge determined that you were responsible for the replacement cost of carpet you could end up owing the landlord from $250 to $750. So it appears to be in your best interest to let this go.

joypulv · Apr 2, 2013, 06:42 AM

I do think you would lose in court, regardless of the upgrade to tile, given that it had to be replaced with something, and that something was bound to cost more than your deposit.

I'm not saying that the landlord is right about the stench, but I suspect that she is. Many carpets have treated fibers that do protect the fibers but don't stop liquids from penetrating underneath. And once the subfloor is permeated with urine, not much gets rid of it and it often has to be all ripped out too. I'm not surprised that the LL is putting in tile.
I hope you do something about your cat's litter box. The next place might cost you more, and what about references.

flamedavenger · Apr 2, 2013, 08:16 AM

@LisaB4657 thank u so much for all the feedback and quick resposes... You've been a great help through this but Its getting to be not about $ but the principal of the matter instead... I don't mind paying $250 to get the LL to do things the right way instead of trying to stick the next unsuspecting sucker with an outrageous bill... $2800? No id keep my mouth shut, but for a couple hundred bucks, nah... Dumb? Perhaps, but I'm a big proponant on doing things the right way instead of how u feel it should be done and sticking the next family with an unnecessary expense... But I gotcha, I understand... @joypulv and do what with the litter box? Like having it on the tile in the bathroom, scooping it out everyday, sweepin the excess litter, and mopping when necessary? Because that's what we were already doing to begin with...

LisaB4657 · Apr 2, 2013, 08:23 AM

The thing is, if you sue the landlord you'll be putting yourself at risk for up to $1,000 and you won't be preventing him from sticking someone else with a big bill later. Sure, you might win but there's no guarantee. Based on what you've told us I would definitely recommend letting it go.

flamedavenger · Apr 2, 2013, 08:50 AM

Ok then I guess that's what I need to do... Thanks