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It seems like with the invoice not being properly filled out, and the fact that your old landlord already had allowed you to have a cat, it seems like its on the LL and not you. Especially if there were already pet odors before that.
Realistically, if he already did the itemized checklist with you for your security deposit move out, I'm really struggling to see how the LL would have a case against you, at this point.
When my old tenants had a cat, I could tell immediately when i walked in. So, I'm wondering why it took so long for the odor and carpet to be smelled months after you move out. Something doesn't add up and seems like the LL is using you as a scapegoat in this situation to pay for replacing the carpet.
First, certified mailings are considered delivered even if they get returned. I'm not saying you avoided it but it is in your best interest to sign for it so you know what to expect than to ignore it and be surprised when the judge rules against you.
Second, carpet must be depreciated when charged to a tenant. Even if it was brand new when you moved in you lived there for 8 months and as such do not owe the full replacement cost of carpet. They need to prove when the previous carpet was installed and depreciate it accordingly, I don't know how CO works but I know judges here allow 10 years on carpet depreciation, so you only pay for the remaining life of the carpet. If it was 8 years old at the time you moved out then you owe 20%, at 10 years depreciation, of the $2600 bill so $520. It is common for landlords to try to charge tenants for the full replacement cost of carpet and it is up to you to fight for your rights, let them take you to court if they won't depreciate it correctly because the judge will make them just be ready to pay them there on the spot.
Third, it doesn't matter where the total is or if it was signed or dated on the receipt. Unless there is a law that says a landlord must make the repairs they charge for, and I highly doubt there is, then they don't actually have to replace the carpet after they charge you for it.
I never received their certified letter, so unfortunately I didn't even have an option to sign for it. They are trying to charge me the full value of the carpet which is at least 8 years old, so I'll keep that in mind if they do sue. I know they don't have to replace the carpet, but the estimate itself just looks fake. Upon looking up the company it's from, they don't actually replace carpet. They only clean it. How could a company that doesn't replace a carpet give an estimate for replacing and installation and not even fill out the majority of the estimate form? It just seems fishy.
I never received their certified letter, so unfortunately I didn't even have an option to sign for it. They are trying to charge me the full value of the carpet which is at least 8 years old, so I'll keep that in mind if they do sue. I know they don't have to replace the carpet, but the estimate itself just looks fake. Upon looking up the company it's from, they don't actually replace carpet. They only clean it. How could a company that doesn't replace a carpet give an estimate for replacing and installation and not even fill out the majority of the estimate form? It just seems fishy.
It is. She's fishing. You can write your own letter, or pay a lawyer $150 to write one to them, politely explaining why you're telling them to fly a kite. Be thorough in your details, but definitely clearly illustrate that the receipt isn't a receipt, and that the carpet is 8 years old. Most landlords depreciate on a 5 year schedule anyway. Its on them to prove when it was installed.
It is. She's fishing. You can write your own letter, or pay a lawyer $150 to write one to them, politely explaining why you're telling them to fly a kite. Be thorough in your details, but definitely clearly illustrate that the receipt isn't a receipt, and that the carpet is 8 years old.
This is a guaranteed way to find yourself in court and since a lawyer is already involved when the judge awards the landlord damages, if the carpet is less than 10 years old at the time you vacated they will likely be awarded damages, you can expect them to add legal fees and court costs too. Instead send them a letter that details their requirement to depreciate the cost and that you agree to pay the remaining portion, in my previous post I detailed this but that 20% if the carpet is 8 years old. IF they don't agree to depreciating it then you are actually better off paying it in full and then taking them to court for the return of the portion that you don't actually owe. Sounds backwards but it avoids having a judgment entered against you that may include court costs and legal fees.
Quote:
Originally Posted by JONOV
Most landlords depreciate on a 5 year schedule anyway. Its on them to prove when it was installed.
Show me where "most landlords depreciate on a 5 year schedule," IRS depreciation doesn't count and you would know that if you understood what IRS depreciation actually meant.
The IRS has researched and determined that the average time a landlord keeps carpet is between 5 and 9 years and that bracket is depreciated at 5 years. The reason they do it at 5 years is because if they did it at 10 then every time a landlord had to replace early they would need to depreciate the remainder of the life at once which is actually an audit flag they would need to sort through. The IRS allows 5 year depreciation in order to save them time and money investigating every audit flag that comes through, it has absolutely nothing to do with the actual useful life of the carpet.
The other reason is that when a landlord takes money from a tenant for ANYTHING, in this case damages, they are taxed on it as income. In this case the carpet costs $2600 to replace if it was at 5 years the tenant pays the landlord $1300 that is then taxed by the IRS as income. In order to counteract the tax they allow you to depreciate and write off against that income but if they spread it out over 10 years it would take 10 years to recoup on that income tax for something that wasn't actually income at all.
Show me where "most landlords depreciate on a 5 year schedule," IRS depreciation doesn't count and you would know that if you understood what IRS depreciation actually meant.
The IRS has researched and determined that the average time a landlord keeps carpet is between 5 and 9 years and that bracket is depreciated at 5 years. The reason they do it at 5 years is because if they did it at 10 then every time a landlord had to replace early they would need to depreciate the remainder of the life at once which is actually an audit flag they would need to sort through. The IRS allows 5 year depreciation in order to save them time and money investigating every audit flag that comes through, it has absolutely nothing to do with the actual useful life of the carpet.
The other reason is that when a landlord takes money from a tenant for ANYTHING, in this case damages, they are taxed on it as income. In this case the carpet costs $2600 to replace if it was at 5 years the tenant pays the landlord $1300 that is then taxed by the IRS as income. In order to counteract the tax they allow you to depreciate and write off against that income but if they spread it out over 10 years it would take 10 years to recoup on that income tax for something that wasn't actually income at all.
My point is that most rentals seem to have 5 year warrantied carpet, sometimes longer but most often 5. I understand why they do this, and I would do no different in anything but a higher end rental. In this case, it seems like there was pre existing cat damage on carpet that was 8 years old minimum, on work that wasn't done based on an estimate from a carpet cleaning, rather than installation, company.
.......... Most landlords depreciate on a 5 year schedule anyway. .........
No they don't.
I know a lot of landlords and not one of them depreciates carpet on a 5 year schedule. Every one of them is ticked off if they have to replace carpet after 5 years because the absolute only reason to replace carpeting after 5 years is because a tenant damaged it beyond the point of repairing it.
I only expect my tenants to take care of things as I do...
I never expect them to take of things better than I do.
That's a good attitude to have. Sometimes thing break and it's not the tenants fault. When I rent a place or use someone else's appliances I take care of it better than if it was my own. When I see blinds that are all discombobulated that is the tenants fault. All you have to do to look out is lift one panel, not bend several down as some people do. I had a friend who I stayed with for a few days. He was complaining about the yard work he constantly has to do, which is once a month. He was cutting off these berry branches that grow from his palm trees. I offered to hep, it was a long pole that extended and had a saw blade at the end. I was able to do all of them but one. The last one was a bit high so I had to extend the handle. He was there and as I was using it, it broke. It broke while I was using it, I did not break it. Some adults are children and get mad over nonsense.
Many LLs see the security deposit as a gift that is there's to do as they wish. My last LL wanted to keep $150 for a cleaning fee as a gift, the place was cleaned when I left, the super, who was her friend said "oh come on she's old". That was his excuse as to why she wanted the money, and she was in her mid 60's and worked full time.
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