I need help with tenant rights! (apartment, renter, insurance)

[krcraigo]

I moved out of my apartment and they are trying to charge me for replacement of the carpets due to urnie stains. They were only in two of the four rooms of the apartment and with proper cleaning they could have been steamed out. The maintenance guy only called the cleaning company and explained the condition over the phone. They never came and saw the carpets and the maintenance guy is the one who insisted the carpets be replaced.

When I signed my 30-day notice I asked for a preliminary walk through about 2 weeks before I moved out. I set up a date and time and even called on the scheduled date to confirm. They never showed up so I had no idea the carpets were going to be a problem. This came as a complete shock to me, and now I am facing a legal dispute and a small claims filing.

I have tried to call the California Apartment Association and the Department of Fair and Equal Housing, as well as the local tenant associations, but I keep getting brushed onto the other groups so no one will answer my questions.

It was my understanding that the landlord is required to do a preliminary walk through if it is requested by the tenant. Is this right?

Kari

[DontH8Me]

What are the urine stains doing on the carpet? Are they from a cat? How could you have had "no idea the carpets were going to be a problem" if they had been used for a toilet? I'm sorry, but there is no way the smell of urine can be adequately "steamed out" - in most cases, they have to replace the carpet and pad, and sometimes even the subfloor, to get rid of that stench.

If in fact it is not as bad as all that, then why didn't you take care of cleaning these seemingly harmless stains? It would have made it far more difficult for your landlord to withhold from your deposit for replacing the carpet. In your place, unless you were renting a posh $5,000/month place, I would just let it go.

In some cases, I have heard of the landlord not even showing up to do a final walk through when the keys are traditionally returned, and the (former) renter had to videotape the entire place including a newspaper with the current date on it to validate that they had left the place in good condition. My guess is that there is no mandatory "prelim" walkthrough - since something could happen in between that date, and the date of you finally leaving. (Redundant)

The person who is going to be rented the apartment after your departure should not have to suffer the consequences of your lifestyle, so it is entirely appropriate for your landlord to use your deposit to return the carpet to its original condition before it was urinated on. I suspect the reason that you are getting the run around from those agencies is because your issue is small potatoes compared to what they have to deal with all in a day's work. That's just my two cents.

[Victoria McClain]

I live in apartment and there is 9 units hooked togehter on the same sewer line. The manager want us to sign a paper that states if the plumping backs up we will split the cost. However I am a elderly landy and they state the problems are from tennants putting diapers, wipes and greease done the drain and other items children are throwing in the toielt. I am on a fixed income therfore could not afford this kind of expense. What are my rights.

[SOON2BNSURPRISE]

I think it is cool so many believe that we out here in City Data Forum land can answer everyones rental questions. First off what does your lease state? Second in the case of a carpet damaged by a pet, did you have a pet deposit that covered any of that? Did you have insurance to pay for the dammage a pet can cause? Did your rental agreement say anything about the urine?

Too bad about the plumbing problem. If it isn't in your lease now I wouldn't sign. They may have you sign when your lease is up though.

[Mr.Bungle]

Ok, here is what I know: You are entitled to a pre-walkthrough inspection. They can give you an idea of what they see may need to be cleaned.

Next, you're entitled a walk through. You can be present and if you request the manager be present in writing, they have to be.

After that, they are required by law to give you an itemized list of cleaning and repairs and you have an opportunity to clean/fix them your self before turning in your keys etc...

The CA law for carpets is that they must replace carpets after the age of the carpets has expired. For example, if they are 5 year carpets, they replace them after 5 years at their own (not the tenant's) expense. However, if it is determined that the carpets must be prematurely replaced and the tenant is the cause of that replacement, they must prorate the cost. If it's a 5 year carpet and they need to replace them at 3 years because of the tenant, the tenant will pay 2/5th's of the cost to replace them.

The best resource is the CA Civil Code. I've found this info on the DCA website as well: Landlord/Tenant Book Index - California Department of Consumer Affairs

[Mr.Bungle]

This is actually a better link: California Tenants - California Department of Consumer Affairs