Landlord charged carpet replacement from Security Deposit (hardwood floor, apartment complex)

[katuscha2002]

We have rented a condo unit for just over 2 years. We had a good relationship with the landlord (we are not demanding renters and have been responsible ones sometimes doing work ourselves---like replacement of window screen, etc.). Last year, our upstairs neighbor's toilet overflowed, damaging the lighting and carpets in our hallway. The owner negotiated for the owners upstairs to replace the carpet (which they did in the hallway, living and dining except the 2 bedrooms). The owner will be selling his unit, so we had to go. We did our final inspection a month ago and the only thing we agreed upon is to charge carpet cleaning to our security deposit. Upon reminding our landlord about the security deposit yesterday, I was surprised to receive an email saying that he charged us the general cleaning ($300) and half of carpet replacement cost ($600+) from our $1500 security deposit. Sure, there are stains in the carpet which I really don't know where they came from but I would think that they are "normal wear and tear". He is replacing the carpet because he is selling the unit and for us, it is not fair that we are footing this bill. Our lease agreement only say: have carpets cleaned by a professional company acceptable to the landlord and provide a paid receipt. But there's also a paragraph that says "If the landlord intends to make any deductions from security deposit, all of said deductions shall be fully itemized in writing to tenant within 45 days.." He did itemize deductions and sent us the receipt for the new carpet. We feel it's very unfair for us.

I'm surprised about this…is there anybody out there who had a similar experience? Are there any VA policies on security deposit? I've rented in an apartment complex and in another owner-owned condo but this is the first time I'm being charged $900+ from my security deposit.

Any help/info is appreciated.

[Carlingtonian]

It all depends on what's in your lease or any other written agreement. If he violated it, take him to small claims court.

Hopefully you took photos of the stains. That will be important.

When we rented out our house, we had to retain some of one renter's security deposit because he put huge gouges in the hardwood floor via the plastic casters on the bed. He didn't object, because it was cut and dried.

[katuscha2002]

Unfortunately, we didn't have any photos of the carpet stain..those are small spots at the tip of the carpet that look like burn marks from vacuuming. I should have just cut the ends and that would have solved it (too late though). I feel like I was double charged (carpet cleaning and replacement). I will try to ask him to change his mind (as we really don't have time to go to court).

[Carlingtonian]

Originally Posted by katuscha2002

Unfortunately, we didn't have any photos of the carpet stain..those are small spots at the tip of the carpet that look like burn marks from vacuuming. I should have just cut the ends and that would have solved it (too late though). I feel like I was double charged (carpet cleaning and replacement). I will try to ask him to change his mind (as we really don't have time to go to court).

Small claims court is quick and painless. Lawyers are not allowed, and the fee is usually on the order of $50. You have nothing to lose.

[katuscha2002]

I will think about it as I don't have photos of the stain to prove that these are "normal wear and tear". Thanks.

[airjay75]

Assuming your lease is silent with regard to under what conditions you will be responsible for replacing the carpet, I believe the default rule becomes whether any "damage" to the carpet constituted normal wear and tear. I would think that some light staining would constitute normal wear and tear while large, dark stains would most certainly not. And, I also believe that if the landlord was planning on replacing the carpet regardless of its condition, he or she cannot charge you for that either. If it's not normal wear and tear, then a secondary issue sometimes arises as to whether the amount they withheld from your security deposit was actually what it cost them to replace the damaged carpet - landlords generally have to furnish proof (by way of receipts) of how much it cost them to repair the damaged item.

I once had a landlord withhold about $600 from my deposit for "partial carpet replacement" on account of an area smaller than a dime in the carpet that the complex noted on our walk-through inspection (as an aside, it is generally a good idea to be present for any inspection and to take a large number of pictures when you vacate the apartment). I started by sending several letters to the landlord that were certified mail and return receipt demanding that my money be returned to me and threading to take legal action if they did not return the money. I cited sections of the landlord tenant law and noted the court (small claims) in which I would initiate action if the money was not returned to me within 30 days receipt of the letter. I had my money back in less than a week. You might want to start with a letter like that and keep copies and proof of mailing should a judge later ask to see it.

[spencgr]

Originally Posted by katuscha2002

Last year, our upstairs neighbor's toilet overflowed, damaging the lighting and carpets in our hallway. The owner negotiated for the owners upstairs to replace the carpet (which they did in the hallway, living and dining except the 2 bedrooms).

If the carpet that has stains is in the living, dining or hallway, I would expect it to look pretty spotless. There isn't a lot of "wear and tear" one would expect in one year.

Originally Posted by katuscha2002

I was surprised to receive an email saying that he charged us the general cleaning ($300) and half of carpet replacement cost ($600+) from our $1500 security deposit. ........Our lease agreement only say: have carpets cleaned by a professional company acceptable to the landlord and provide a paid receipt.

"General Cleaning" of the carpet, or just general cleaning? Did you hire a professional to clean when you left and did you provide him a receipt? It's possible that he is cleaning the new carpets and replacing those in the bedrooms.

Originally Posted by katuscha2002

Unfortunately, we didn't have any photos of the carpet stain..those are small spots at the tip of the carpet that look like burn marks from vacuuming.

Burn marks from the vacuum? I've never had a vacuum that left burn marks. Do you vacuum with a torch?

[boyd888]

I would start off with a nice letter (send certified) to your landlord asking for your $600 to be returned as the carpet was cleaned as described in the lease. "Half the cost" of new carpet is a completely arbitrary number anyway. Ask for a response in a week with a reminder that you will go to small claims if you are not refunded.

If not, you need to find out when the carpet that was there when you moved in was installed. If anything you would only owe the depreciated value of the carpet that had to be replaced, not half the cost of new carpet. If the carpet had a usable life of seven years and it was ten years old he may not be able to charge you anything.

If you go to small claims court and your landlord says he replaced the carpet because he's selling the unit...it'd be a pretty easy victory for you I'd think.

[Floorist]

They can't charge you for cleaning and replacing the same carpet.

[DMom]

When you did a the final walk thru did you guys agree for the final sheet what was going to be withhold. If you have general Northern Virginia Lease the landlord can hold security deposit 45 days after termination of the lease. If everything was agreed on the final walk thru you should take the landlord to small claims.