NC law and court judgements on tenants' pet causing massive carpet/pad damage? (wood floors, apartments)

[MrRational]

Originally Posted by RDUBiker

Follow up - I sued for around $2400, judge awarded me (a judgment) just shy of $2000.
So I guess it's on to the collection phase.

whaddaya mean "back to"?

With the judgment you can push for garnishment and do credit reporting.
Good luck actually getting the cash.

[GCharlotte]

Originally Posted by MrRational

whaddaya mean "back to"?

With the judgment you can push for garnishment . . .

Why do you say this? Garnishment for private debts is not allowed in North Carolina. Don't get the OP excited. If you know something I don't know that would correct me, please post a link.

[RDUBiker]

Originally Posted by GCharlotte

Why do you say this? Garnishment for private debts is not allowed in North Carolina. Don't get the OP excited. If you know something I don't know that would correct me, please post a link.

The OP is not excited. Not in the least.

He is planning to file execution papers with the sherriff, however. Just need to make sure I have everything done properly and then mail them out.

[spankys bbq]

Any update on the Execution process? I am strongly considering this for a number of deadbeat tenants I've had recently.

[RDUBiker]

Originally Posted by spankys bbq

Any update on the Execution process? I am strongly considering this for a number of deadbeat tenants I've had recently.

They were served papers on May 1, so on May 22 I'll submit yet more paperwork to have their assets seized by the sheriff. Should be interesting to see if they get anything.

[GCharlotte]

Originally Posted by spankys bbq

Any update on the Execution process? I am strongly considering this for a number of deadbeat tenants I've had recently.

I can't imagine many renters having enough non-exempt assets. It would be interesting to see some estimations.

[RDUBiker]

Originally Posted by GCharlotte

I can't imagine many renters having enough non-exempt assets. It would be interesting to see some estimations.

I'll report back on what the sheriff finds out when they go to their house. I think they have a ton of stuff. They make plenty of money and have good jobs.

[chryscrazy]

I know I'm digging up an old thread, but here goes.

I have been living in my apartment for 4 years. I'm moving out in a little over a month and a new company just took over several weeks ago. The new property manager came over to inspect the apartment then and I told her immediately that I knew I would have to replace the carpeting on the stairs.

Today I went into the office and she said oh by the way I'm going to have to charge you for your carpet. I said I know I expected that. She said it's going to be a lot I just want to let you know now so you won't be stunned. I replied it shouldn't be too much since I've lived there 4 years and paid a $400 pet fee. She said I'll have to find out how much it's going to cost me to replace the carpet.

I asked how much the existing carpet cost and that I would pay a prorated amount of that. She said yes the prorated amount for 4 years is about 1200. She said they have to replace all the carpeting and padding, it's "what they do in pet units." I definitely think I should replace the padding on the stairs (the stairs lead to the door and my dog would go there too often, I guess thinking he was almost outside) I really think the living room carpet could just be cleaned, but I would even concede to replacing it, but not the padding. It is not soiled from my dog, but spills here and there and my husband carrying his hookah in and out every night put spots on it. In the bedroom there is one small area that he used the bathroom once and I cleaned it. I don't think the padding needs to be replaced there, but if it did, couldn't they just replace a small portion? My apartment is 910 sq ft and all but kitchen and bathroom are carpeted.

I really do want to pay what I owe, just don't want to get screwed, and don't want to have to go to small claims either.

I know that my pet has damaged

[MrRational]

Originally Posted by chryscrazy

I have been living in my apartment for 4 years.
...and I told her immediately that I knew I would have to replace the carpeting on the stairs.
I bet you'll never volunteer an opinion like that ever again. Huh?

She said it's going to be a lot I just want to let you know now so you won't be stunned.
I replied it shouldn't be too much since I've lived there 4 years and paid a $400 pet fee.
She said I'll have to find out how much it's going to cost me to replace the carpet.

Don't volunteer for a fight or for worry.
Until you have a number from them IN WRITING... the less said the better.
Cross that bridge when you get there.

I really do want to pay what I owe, just don't want to get screwed,
and don't want to have to go to small claims either.

Dog or no dog... After four years and a fee already paid you shouldn't have to pay much
if anything extra for a soiled carpet being replaced. Odds are the carpet was already a few
years old when they moved you in there. Do you have photo's from then?

[chryscrazy]

No I didn't take pictures when moving in. I had lived with roommates in 2 other units in the complex and had always been treated more than fairly. I will be sure to clean the living room carpet and take pictures upon vacating.

Thanks for your response.

PS I've been month to month since July and 2 days after they set up camp here they called me to say sign a lease or get out in so many words. We had just had our offer accepted on our house and hadn't finalized the closing date yet. I asked if I could have a few days to decide when to give notice and the next day they put a 60 day notice to vacate on my door. Well within their legal rights, but not a way to treat a tenant of 7 years (combined) who also referred several people.