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My unit, was kept in spectacular condition. It has cheap laminate floor in the living room area and the 2 bedrooms had some cheap, 11 year old (original from construction) berber carpet. Upon moving out, I had the carpet steam cleaned and the floor polished. I have pictures and videos of the unit showing its excellent condition.
It all began when the landlord had a sale of the unit go through, people ended up buying a different unit. He then had trouble renting it and he took it out on me. He claims the unit "reeks" of cat urine. I had watched my brothers cats for 3 weeks in April, there was absolutely no smell, no stains, nothing. Add that to the fact the carpet was steam cleaned for $350, and there was nothing. When he began threatening me, I called the police and they came to the unit and wrote me a police report stating unit was in good condition and had no unordinary smell. I also have multiple neighbor accounts to back this up. He also threatened me many times with eviction in the last month there when I would question him about his inaccurate ideas. We even moved out 3 weeks before our lease ended because he was harassing us via text message and threats. He told me the carpet needed to be replaced, and upon moving out I found out he had it replaced.
The carpet was over 11 years old, I have pictures of a stain free carpet, in great condition, time dated from the day we moved out as well as videos. This in addition to the police report. I got a letter today saying he was keeping my deposit (1,700) because he replaced the carpet and had to do heavy duty cleaning. This is such a farce, I have read the laws and he also violated many of them. He would show apartment with No notice, and he even barged in on me in the shower during a showing after I told him to not show the unit. All said, he is trying to con me. I will not take it. I will spend 5k if I have too just to beat him and get my $ back.
Carefully read your state landlord tenant laws (if not linked in the first "sticky" on this forum page then you can easily google them), get together all your paperwork and file a claim against him in small claims court. Good luck (although you probably don't need it as it sounds like a simple case in which you'll easily prevail)! And it won't cost you $5K - the filing fee is minimal and in most jurisdictions under $100.
Thanks, I still need to respond to his claim for my deposit that he sent me right? What am I supposed to say in this letter to him? Thanks again!
Frankly with his attitude and past behavior I wouldn't even bother but would be down at the courthouse first thing in the morning to file my claim for return of security deposit. He's said he's not returning the deposit and there's little point getting into a written peeing contest with him as it'll only serve to delay your filing.
thanks a lot, now i am going to the condo tomorrow to the office and i am gonna find out who installed the carpet. once i find this out, i can find the life expectancy of the berber carpet in the unit. it was 11 years old! No way am i paying to replace it and bailing him out! once i get all this info, i will then take him to small claims court. thanks!
Normally before one files any kind of claim, you send a Demand letter, stating what exactly is owed, giving 10 days to comply or "legal action could be taken". You have to give a person the chance to pay before taking them to court, even in Small Claims.
Thelandlord should have included with your refund statement copies of the invoices for labor and product on his "claim" that it cost all of your deposit. Plus, on rental properties one has to depreciate to some degree and I think 14 years is beyond the life time of any carpet! He also would have had a dead line to have done this, not sure what it is in your state. (14 days in mine, 30 days in many)
Go to the court where evictions are filed, and find out for sure what you need to do, then do it properly to the letter.
thanks a lot, now i am going to the condo tomorrow to the office and i am gonna find out who installed the carpet. once i find this out, i can find the life expectancy of the berber carpet in the unit. it was 11 years old! No way am i paying to replace it and bailing him out! once i get all this info, i will then take him to small claims court. thanks!
First, when you got the notice of a claim against the security deposit, didn;t it state you have only 15 days to object or you give up any rights? So don't wait, you need to respond back to the Landlrod stating you object and demand the return of the security deposit. Worry about who installed the carpet after you protect your rights. Read Florida [SIZE=3]Statute 83.49 , and makjes sure the landlord did everything required in that law otherwise they may have given up their rights. [/SIZE]
First, when you got the notice of a claim against the security deposit, didn;t it state you have only 15 days to object or you give up any rights? So don't wait, you need to respond back to the Landlrod stating you object and demand the return of the security deposit. Worry about who installed the carpet after you protect your rights. Read Florida [SIZE=3]Statute 83.49 , and makjes sure the landlord did everything required in that law otherwise they may have given up their rights. [/SIZE]
Listen to this ^^^^^
per FL Law, you MUST object to landlord in writing and send certified mail within very short timeframe.
In your objection you can give details that proves place was clean and mention the photos and proof from police report and give copy of receipt from rug cleaning if you choose. You can also mention the carpet was X years old upon your move out date of xxxxx and it has completed its useful life already and landlord cannot charge you for carpet that is past its useful life (though this really is a moot point since you did not damage, but you should bring this up also in case he said it smelled bad and photos cannot show that.)
As an FYI...carpet has a useful life of approx 7 years more or less. IF a tenant damaged carpet, then landlord can only prorate the charge to tenant for the portion of useful life that can no longer be used due to damage. The months that you live there count toward used life (wear and tear) of carpet.
Let's say the carpet was 2 years old when you moved in and you lived there 2 years. The carpet had a life of 7 years. IF you damaged it then carpet was already 4 years into its 7 year life when you left. You would only be charged 3/7 of the price of new carpet because 4/7s of the carpet life are gone.
After receiving the landlord’s notice of intention to impose a claim, the tenant will have fifteen (15) days to object in writing. If no written objection is received, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within thirty (30) days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Florida Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.
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Last edited by sware2cod; 06-05-2012 at 12:53 PM..
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