Landlord Charges (apartment complex, leasing, insurance)

[Calvin C]

Just moved out of an apartment and the leasing office wants to charge me for damages. The living room experienced flooding a year ago which soaked into my furniture and left damage and stains on the carpet. There is a dime-sized spot on the carpet from a bleach spill.

The walls had a few minor scuffs marks from furniture but nothing more. The leasing office wants to charge me a whole lot for carpet replacement and 'extra painting'.

I sent back a letter explaining my objection to the charges, especially the carpet replacement which was already needing replacement from the flooding. What should I do next? I feel these charges are unwarranted and may need to contest them. I have documentation and photos to support my case.

[MrRational]

Originally Posted by Calvin C

The living room experienced flooding a year ago which soaked into my furniture and left damage and stains on the carpet.

The leasing office wants to charge me a whole lot for carpet replacement and 'extra painting'.
I sent back a letter explaining my objection to the charges, especially the carpet replacement which was already needing replacement from the flooding.

1) What caused the flooding?
2) If that cause was anything other than the LL's actions... do you have renters insurance?

[Calvin C]

The flooding was caused by poor basement drainage and thus is the landlord's responsibility.

[reiflame]

Almost every landlord will back down if you threaten to take them to housing court.

What you describe sounds like normal wear and tear. Do you have pictures from when you moved in and pictures of the things they're describing?

[MrRational]

Originally Posted by Calvin C

The flooding was caused by poor basement drainage and thus is the landlord's responsibility.

As in rainwater and sump pump drainage or as in sewer line drainage?

was the LL made aware of this poor drainage issue?
was the LL advised that the problem was damaging their property?
was the LL perhaps asked to fix it at some point? in writing?

[Calvin C]

It is a below-ground apartment in an apartment complex. The flooding was due to poor rainwater and sump pump drainage - I don't know how the drainage works but came in one day, found my living room carpet swampy and reported it. I have documentation for doing so. The request was made through an online maintenance request system they provide.

[Calvin C]

P.S. The flooding was caused by something other than rainwater. I never did learn exactly what the source of water was but they fixed the flooding by fixing the drainage system.

[justtitans]

Originally Posted by Calvin C

Just moved out of an apartment and the leasing office wants to charge me for damages. The living room experienced flooding a year ago which soaked into my furniture and left damage and stains on the carpet. There is a dime-sized spot on the carpet from a bleach spill.

The walls had a few minor scuffs marks from furniture but nothing more. The leasing office wants to charge me a whole lot for carpet replacement and 'extra painting'.

I sent back a letter explaining my objection to the charges, especially the carpet replacement which was already needing replacement from the flooding. What should I do next? I feel these charges are unwarranted and may need to contest them. I have documentation and photos to support my case.

Unless you can create a compelling argument as to why they should replace the whole carpet, they are probably looking at an opportunity to make it appear that you caused damage to carpet and that they were going to be able to keep it otherwise. The best chance you would have to argue against this, is to come up with a compelling argument as to why the whole carpet should be replaced? Is there any stains from the flooding? Is there mildew?

As far as the wall, it would depend on the damage. If there are small marks, then you can probably win this argument with your pictures but if there is significant painting that has to be done, then you don't have a chance.

I had a very similar experience with an apartment that I used to live in. I took a ton of pictures to cover my behind. My advice to you would be to threaten them with the photos and tell them that you have photos that show that the damage is not as extensive as they are making it and hopefully they will back off. It worked for me, hopefully it will work for you.

[Calvin C]

Thanks guys, I will give it my best shot. The LL is using me to cover their prep costs. Will definitely take them to court as a matter of principle if they are not able to sort this out.

[Calvin C]

They refused to budge. Said walls should be prisitine, even after 2+ years. They insisted that the carpet marks were not from flooding and that the dime-sized bleach stain was cause enough to replace the carpet. Guess I will have to take up my legal options.