Apartment management wants to charge for water damaged carpet (Houston: 2015, apartment complex)

[risingstar72003]

Hi there,
I am planning to move within same apartment complex.
Management want to charge pro-rated charges of 450+ for replacing the carpet for 155 Sq bed room.
one year ago, this carpet had water damage due to heater break down. (5 year carpet life per management, carpet installed in 2012)
during this process, they dried the carpet and put back the same carpet in.
Over time the carpet has shrinked in size and there is gap between walls and edge of carpet
I have a one stain on the carpet which can’t be removed. Now they want to charge for replacement of carpet.

I have talked to management several times they are adamant charges.

I feel this is unfair practice. Even if it is fair charge $ 450+ replacing a 150 Sq ft is too high.

Where do I stand legally here? Can I ask them the work order for the carpet installation?
Any suggestions?

Any input appreciated

[cheryjohns]

Contact HAA (Houston Apartment Assoc.) and lodge a complaint. They have a committee to judge whether deposit charges were to be upheld, reduced, or eliminated.

[shortel]

That is BS. They want you to charge for their own stuff breaking and reusing the carpet which was a bad idea to begin with? If your moving I would find another place to move to. I would let them take me to court over that if they want.


Though how long have you lived in that unit with that same carpet? If it was some huge stain and only a year I could see them charging.

[westhou]

Why would you want to move to another apartment within the same complex? Management sounds awful there so it's probably best to find an entirely different complex to live. That price just seems ridiculous.

[WRM20]

Originally Posted by shortel

That is BS. They want you to charge for their own stuff breaking and reusing the carpet which was a bad idea to begin with? If your moving I would find another place to move to. I would let them take me to court over that if they want.


Though how long have you lived in that unit with that same carpet? If it was some huge stain and only a year I could see them charging.

They will just take it out of the security deposit

[risingstar72003]

All,
Thanks for quick response.

Cheryjohns,
I dont have any deposit with them. Can i still lodge complaint HAA (Houston Apartment Assoc.)?


Shortel/Westhou,
I have been in the apartment from July 2014. Stain is about 3 inch x 6 inch.
I agree that management is awful.
I wanted to downsize for personal reasons, thru which true colors of management are revealed.
My Lease ends in july 2015.

Apart from carpet charges
management want to charge $140 for ozone treatment (we dont smoke, dont have pets).
and repaint entire apartment - $120 . (Most of my marks can be fixed touch ups)

Total of $710+

Is there any texas law that says "Apartment management" has to show invoice of installation to carpet to tenant? ( for cases like this) or Do they have to show it?

Thanks

[cheryjohns]

Originally Posted by risingstar72003

All,
Thanks for quick response.

Cheryjohns,
I dont have any deposit with them. Can i still lodge complaint HAA (Houston Apartment Assoc.)?


Shortel/Westhou,
I have been in the apartment from July 2014. Stain is about 3 inch x 6 inch.
I agree that management is awful.
I wanted to downsize for personal reasons, thru which true colors of management are revealed.
My Lease ends in july 2015.

Apart from carpet charges
management want to charge $140 for ozone treatment (we dont smoke, dont have pets).
and repaint entire apartment - $120 . (Most of my marks can be fixed touch ups)

Total of $710+

Is there any texas law that says "Apartment management" has to show invoice of installation to carpet to tenant? ( for cases like this) or Do they have to show it?

Thanks

Yes. You are disputing the charge. A heads-up - they will ask for a detailed account of the problem. Might as well go ahead and write it up.

Back a long time ago - I worked at the Houston Chronicle. One of my jobs was to be the HAA liaison. I was on that committee (it's made up of both apartment management personnel and "outsiders") - and I can tell you that they are extremely fair. It was about 50/50 on tenant/apt management as to who we decided for. The management company is bound by the decision unless they want to get kicked out.

[risingstar72003]

Cheryjohns,
Appreciate your response. I have the detailed write up.

I have talked to Assis manager, she is asking to pay the money upfront prior to transfer.
Is this legal for them to do so?
And Do i have right to ask for work order for the carpet installed in 2012?

Should I lodge a complain with HAA prior to paying for transfer? any suggestions

[cheryjohns]

Originally Posted by risingstar72003

Cheryjohns,
Appreciate your response. I have the detailed write up.

I have talked to Assis manager, she is asking to pay the money upfront prior to transfer.
Is this legal for them to do so? Yes, they can not allow a transfer until monies are squared in existing unit.

And Do i have right to ask for work order for the carpet installed in 2012? Yes. However, the key is that they are using to stain to get new carpet, when it may be probable that the existing carpet cannot be stretched to match the apt. size, due to the water damage that was not your fault.

Should I lodge a complain with HAA prior to paying for transfer? any suggestions

You can lodge a complaint after the move, but I would be uncomfortable doing that. Sure they can get a ruling against them. Getting your money is back afterwards would be iffier - as opposed to them dropping the charges from the deposit.

Why not move completely out of there - to a better management company? If you want to stay there, for some reason, I would lodge the complaint now. It takes roughly a month to get heard. Remember that you key point is the carpet has to be replaced anyway.

[naadarien]

Originally Posted by shortel

That is BS. ... I would let them take me to court over that if they want.

Having learned this lesson the hard way, I would never choose to chance the possibility of having a judgement on my credit. A landlord sued me for "damages." I had before and after pictures that the apartment looked fine, and the judge decided to award the owner with a $100 cleaning fee. For 10 years, for every loan I had to explain and deal with higher interest rates because of some stupid $100 award that I paid that day, on the spot. No thanks.

Never put yourself in a situation where something crazy like this will control your future. Always be the plaintiff (lose the money up front and sue the owner). Even if you lose, at least your credit is intact. JS.

And yes that's not fair, but welcome to adulting.

I agree with the advice of filing a complaint with HAA. If that fails, pay the money, and then sue the owner. If you don't have proof of your story, chalk it up to lesson learned. Next time, take the time to document EVERYTHING. Landlord tenant disputes are he said/she said so you want as much objective (Pictures, video, 3rd party assessments/estimates etc) evidence on your side to support your story.

Good luck.