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I recently moved out of an apartment where I had paid a $500 security deposit upon move in. I never signed any sort of contract or took any pictures of the room when I moved in. This was a month to month roommate/tenant situation.
Close to moving out my landlord/room mate informs me they need to get the carpets professionally cleaned due to one of my cats health situation causing her to not use the litter box and leaving a few heavy stains. I made a verbal agreement with one of the room mates that I would pay a portion of the professional carpet cleaning since tenants before me had also had pets, and the landlords themselves had animals. After almost two weeks of evading giving me the deposit, giving me vague answers as to when I would get it and when new tenants moved in making security deposit funds available, I get a number for a return that is significantly lower than expected. I requested an invoice for the professional carpet cleaning and it seems to be fake. The business name brings up nothing on Google, the phone number initially connected to a woman who didn't know the business name. We received a phone call a few minutes later saying the guy had given his girlfriend his old phone and that he never updated his invoice, which didn't help us believe them any more. They are proposing that a carpet cleaning cost $200. And expect me to pay for the carpet cleaning as a whole.
I have looked into my rights for my state as far as small claims go on security deposits and it says they can't charge me for cleaning other than returning it to the state of cleanliness when I moved in.
The room was not professionally cleaned before my move in, just personally cleaned with a steam cleaner as it had been for every previous tenant.
I understand my cat left stains and I offered to clean it myself and had began to do so with a steam cleaner before they insisted on it being professionally done.
There has been some attempts at negotiations, and we can't come to a solution.
My plan is to give them a formal written request for the refund and the intention to file a small claim of they fail to pay. But I just want to make sure I'm on the right before I waste anyone's time, mostly since there is no contract and no proof of the room as I moved in.
You spent more time typing that post than it would have taken to sue the party you are not in agreement with.
I'm not even sure if you are right. But suing someone and going to court will answer your question more efficiently than any answers on a discussion forum will.
I once spent $3,700 to get a judgement for $1,500. Its not about the money. Fiat, Federal Reserve money isn't even real. But running someone into the ground over $1,500 was real and inspiring.
I call it going napalm. Really destructive and toxic chemical. But like the guy in Apocalypse Now said 'I love the smell of napalm in the morning. It smells like. . . . victory.'
Without proof you don't have a case. You can file a claim, but what will you use to support that claim? You have nothing in writing and no receipts.
You learned a very valuable lesson. Next time you rent a room make sure you get a lease in writing (and make sure the actual landlord knows about it), get a receipt for any all money that changed hands (including your monthly rent payments), and take move in and move out pictures.
You guys seem to not be reading his post, he has proof now with the invoice of the cleaning. Sue them, depending on your state you could get several times the wrongfully withheld amount. If the invoice isn't legit then it is an easy win in court for a hundred bucks or so. Threaten them with a letter first and see what happens, remember to include your legal fees in the letter. Best case you get some deposit returned without going to court, worst case you find out in court for a couple bucks you are wrong. Single room carpet cleaning here is at least $100 and the law allows landlords to return a unit to previous condition, professional or not.
Or you could grow up and move on with your life, its only $200 and you owed some if that to begin with.
Sorry, OP. Your cat pooped on the flooring and you get to pay for the professional cleaning to get the cat poop stain out of the carpet. No judge is going to see it any different than that.
If you don't want to go through life paying for professional carpet cleaning, I suggest that you figure out some way to prevent your cat from soiling the carpets.
I think you got off lucky with just carpet cleaning and not carpet replacement plus replacing the pad and sealing the sub-floor. Cat odor is very difficult to get rid of.
You guys seem to not be reading his post, he has proof now with the invoice of the cleaning. Sue them, depending on your state you could get several times the wrongfully withheld amount. If the invoice isn't legit then it is an easy win in court for a hundred bucks or so. Threaten them with a letter first and see what happens, remember to include your legal fees in the letter. Best case you get some deposit returned without going to court, worst case you find out in court for a couple bucks you are wrong. Single room carpet cleaning here is at least $100 and the law allows landlords to return a unit to previous condition, professional or not.
Or you could grow up and move on with your life, its only $200 and you owed some if that to begin with.
Just an FYI and for clarification, there are some states that do not allow LLs to ever charge for carpet cleaning, or require a tenant to clean/shampoo the carpets, if it is just from normal wear and tear. If damaged with stains, then yes, it is allowed.
Just didn't want anyone to think that it is allowed in every situation in every state.
Just an FYI and for clarification, there are some states that do not allow LLs to ever charge for carpet cleaning, or require a tenant to clean/shampoo the carpets, if it is just from normal wear and tear. If damaged with stains, then yes, it is allowed.
I would call a cat using the carpet as it's litter box damage.
I would call a cat using the carpet as it's litter box damage.
And I never said there was not damage to the OP's carpet. As I clearly stated, I was just making a clarification to a statement that may be interpreted by some that it is the norm in every state that LLs are always able to charge for carpet cleaning in every situation, in every state when it is not.
And I never said there was not damage to the OP's carpet. As I clearly stated, I was just making a clarification to a statement that may be interpreted by some that it is the norm in every state that LLs are always able to charge for carpet cleaning in every situation, in every state when it is not.
But we're not talking about every situation. We're talking about the OP's situation, which is the cat damaged the carpet.
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