Small Claims Court (apartment complex, lease, living in)

[keylonxoxo]

Ok, so my old roommate is trying to take me to small claims court...here is the situation...


She was the leaseholder, and I was just an occupant on the lease. I had a dog when we moved in and it did damage to the carpet by peeing on it. When we moved in, I paid a 250 non-refundable pet fee, which im pretty sure should cover whatever they have to do to the carpet, cleaing or replacing, etc. In April, I moved out since she insisted that her boyfriend move in. I got completely off the lease, and he took my place. Now she is harrassing me and saying that I owe her money for the carpet to be cleaned, she wants to clean the carpet so the apartment won't charge her any money in the final walk through. She is threatening to take me to small claims court over twenty-one dollars!!! I'm pretty sure they are going to laugh in her face, when she tells them she wants twenty dollars, basically what I'm asking is there a minimum for small claims court? Why would she waste her time?? Any advice would be appreciated!

[Mom of 3 girls]

Small Claims Court

Here is the link for the small claims court. There is also an additional link for the "guide to small claims court."

[CVP]

If all she wants is $21, just pay it and be done with it. Your dog did create the original problem. It's not worth haggling over such a measly amount.

[keylonxoxo]

this is the thing though, she wants to get the carpet cleaned when it isnt necessary! the apartment has a legal responsibility to replace or clean the carpet after a resident has had a pet living in the home. If that isn't the case, then why did I pay 250 that I will never see again???? I just want to know if there is a minimum for small claims court.

[lacey3eb]

Call the clerk of court and ask. NC is not like other states where you may have to replace carpets and paint between tennants. Most complexes around here will get you for anything they can when you leave. If they have to replace the carpet, chances are they will charge you more than $250 for that. Not fair, it's just the way it is.

[GirlTravels]

Why should she have to wait until she leaves to have the carpet clean? It probably stinks from your dog, and she's still living there. Pay her the $20 and be done.

[DipDog3]

Originally Posted by keylonxoxo

I'm pretty sure they are going to laugh in her face, when she tells them she wants twenty dollars, basically what I'm asking is there a minimum for small claims court? Why would she waste her time?? Any advice would be appreciated!

I don't think there is a minimum, but it does cost money:

Suing someone in Small Claims Court costs money. For each lawsuit, the plaintiff must pay a $70 filing fee to the clerk of court. You pay an additional $15 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.

LANC - Small Claims Booklet - Ch. 1

If she is willing to spend $85 to sue you for $21, then I don't know what to tell you.

[DipDog3]

I think the best think to do is to pay her the $21 in exchange for her signing a document that she will not hold you liable in the future for any damage charges that result from the apartment.

Cause if the apartment decides to charge her for a new carpet, she will probably sue you (again).

[dragon_fly_12]

Originally Posted by DipDog3

I think the best think to do is to pay her the $21 in exchange for her signing a document that she will not hold you liable in the future for any damage charges that result from the apartment.

Cause if the apartment decides to charge her for a new carpet, she will probably sue you (again).

$250 is the non-refundable pet fee, but no where in the fine print does it say the complex won't charge you more upon move out for damage done by pets. This is part of having a dog, so suck it up and cough up the cash. Seriously.

[ECM08]

I have several large dogs and until we moved here, have always rented apartments in the various states where we have lived.

The non-refundable pet fee isn't intended to cover specific charges for damage your pet does. It's intended to cover all the tiny little things your pet does (rub up against walls, splatter mud when it's rainy, paw at the door, roll around on the carpet, etc). All those tiny things add up to the smell and the overall condition of the apartment after a pet has lived there for a while. And THAT'S what your $250 non-refundable pet fee covers. It doesn't matter if your dog is particularly clean, or especially well-behaved -- it's just something you have to accept when you own a pet.

Now if your pet causes additional damage that results in the apartment having to make repairs, such as replacing the carpet, then you are ADDITIONALLY on the hook for that money.

Not sure about NC, but in many states where I've rented apartments, there is a requirement for complexes to change out the carpet every 5 years -- UNLESS it needs to be changed out early due to damage. So if your roommate moves out, and the apartment complex tells her they need to replace the carpet early because of your dog, then you better believe your roommate will be coming after you for the money. And it will be a lot more than $21.

I think DipDog3 gave the best advice -- pay her the $21 and have her sign a release so she can't come after you for the replacement carpet. You are very lucky if you can get out of this for $21!