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    Tenant8105's Avatar
    Tenant8105 Posts: 3, Reputation: 1
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    #1

    Jun 4, 2007, 09:47 AM
    Security Deposit
    I have recently moved out of my apartment. The landlord wants to take money out of my security deposit because underneath the carpet is stained along with the bottom of the padding. Not the top part of the carpet which you can see is completely clean. When I moved in and did my checklist of the condition I never thought to pull up the carpet to see if there were stains underneath. Is it me or is this just ridiculous? Any ideas or help is much appreciated.

    Tenant

    Boynton Beach, FL
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #2

    Jun 4, 2007, 10:21 AM
    Does seem to be a bit much. I don't think a judge would find against you in this case unless the carpet was brand new when you moved in even if it was the judge would probably put that under normal wear and tear which the landlord can't charge you for. If you were a good tenant and the amount is worth it to you take him to small claims court to get the money back.
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
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    #3

    Jun 5, 2007, 03:34 PM
    Quote Originally Posted by Tenant8105
    I have recently moved out of my apartment. The landlord wants to take money out of my security deposit because underneath the carpet is stained along with the bottom of the padding. Not the top part of the carpet which you can see is completely clean. When I moved in and did my checklist of the condition I never thought to pull up the carpet to see if there were stains underneath. Is it me or is this just ridiculous? Any ideas or help is much appreciated.

    Tenant

    Boynton Beach, FL
    Staining of the carpet or padding is not considered normal wear & tear... especially if you had a pet, had a flood, spilled fluids. What exactly does your landlord think the stain is from?
    Tenant8105's Avatar
    Tenant8105 Posts: 3, Reputation: 1
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    #4

    Jun 6, 2007, 06:07 AM
    The landlord believes it was from a pet, but the top part of the carpet is clean. Your saying that does not make a difference? The padding is not included in normal wear and tear?

    Thanks
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jun 6, 2007, 06:21 AM
    Hello Tenant:

    You are responsible for ALL the damage done to ANYTHING your rented. You rented everything from the bare walls and bare floors inward. That includes the carpet pads and hardwood floors (if any).

    If your pet did the staining and you only cleaned the surface, then you're responsible for cleaning the pad even though you cleaned the top part of the carpet.

    I do think the landlord is being rather priggish about a stain UNDER the carpet. Even though you are responsible, don't let him get away with lots of your cash. I mean, how much can is cost to clean a stain?

    In any case, it's NOT wear and tear.

    excon
    Tenant8105's Avatar
    Tenant8105 Posts: 3, Reputation: 1
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    #6

    Jun 6, 2007, 06:29 AM
    The thing that bugs me is that the carpet is clean on the top part... and the last thing I thought to do when I moved in was to check underneath the carpet to see if there were any stains; as I was doing the pre-move in check list.

    But thanks for the help!

    I like that word "priggish" much nicer then the words I have been thinking of!
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #7

    Jun 6, 2007, 09:27 AM
    If there is a smell or some reason to cause the landlord to take the carpet up it's not wear and tear. If he had a dog that peed all over the place to the point that the padding is ruined it's not wear and tear. But stains on the back of the carpet almost can't be avoided while living in a place even if you spill water and clean it up as much as humanly possible it will leave and ugly stain on the back of the carpet. If the top of the carpet is clean and there is no smell and he was a good tenant he has a good chance in smell claims court to say that it's wear and tear.
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #8

    Jun 6, 2007, 01:32 PM
    How did he find the stain? Was he pulling up the carpet to have it replaced? Unless there was a smell or discoloration on the surface I can't think of any reason a landlord would pull the carpet up. Maybe I'm not thorough enough with my properties! If he's replacing the carpet, you CERTAINLY aren't responsible!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #9

    Jun 6, 2007, 02:46 PM
    Here is my guess what's happening. He may not be a pet owner and his nose picks up odors you have become used to, he smelled it. If you clean the carpet a pet stain can resurface or smell every time it gets humid. You may have to pay for a padding patch or complete padding replacement. Some pet stain odor, like male cats, are so hard to remove the carpet will need to be pitched.
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