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So my girlfriend and I have a 2 bedroom apartment in a nice community near Dallas, TX. As of 2 or 3 years ago, they started upgrading all units to hardwood/granite (previously carpet/faux granite). Our apartment is one of the last non-upgraded units left. Our lease ends in roughly 2 months and we're moving. I have a dog and a cat, the cat pulled some kitten tricks and shredded part of the carpet by our master bedroom door. It's bad enough to where it would need to be replaced. BUT. I just called my leasing office and baited them a little, they confirmed that if/when we move out at the end of our lease, they will be upgrading our unit and installing hardwood/granite/etc (I told them we may renew if we could have an upgraded unit, and asked if we would have to relocate).
My question is, do they have a legal right to withhold part of my deposit due to the carpet damage? Within 2 weeks of us moving out they will be sending in a crew to tear up the carpet and start the upgrade process. Knowing how they (and most leasing companies) work, I fully expect them list the carpet damage as an expense on our itemization of deductions for the security deposit. If this probably actually occurs, what recourse do I have?
You could have asked the leasing office (been honest) and already had your answer.
Your recourse? Who knows - will probably depend on the judge in small claims court if you do get charged & sue for not returning the unit as you received it due to damage beyond normal wear and tear. I don't know if a LLs "intentions" to renovate upon a tenant moving out absolve a tenant from the damage they did to a unit.
Interesting scenario. Keep the thread updated & good luck!
In most states, damages that are in accordance with state law (such as carpet depreciation) is due and owed for the damage caused regardless if the landlord uses the fund to mitigate their cost. It's more likely they will only get the depreciated value of the old carpet based on the original purchase price (not replacement cost) if the tenant can establish that the landlord will not be replacing the carpet with like flooring. So a carpet originally purchased for $1,000, depreciated for 5 years will result in a $500 damage claim regardless if new replacement flooring cost $3,000. A judge will most likely award a judgment for the $500 since you did damage the carpet.
You damaged the carpet, you are very likely to have to pay for the damage. In many states the landlord does not have to replace the damaged item with a identical item. You might be charged a prorated amount for the carpet and the landlord can legally apply that to his costs for the new wood flooring, You can't be charged for the entire cost of teh new wood floors.
You allowed your cat to damage the carpet, and that's entirely on you, and now you don't want to pay for the damage. All of the people who have trouble finding a rental that accepts pets have people like you to blame. If your pets did damage, that landlord is much less likely to allow pets in the future.
You damaged the carpet, you are very likely to have to pay for the damage. In many states the landlord does not have to replace the damaged item with a identical item. You might be charged a prorated amount for the carpet and the landlord can legally apply that to his costs for the new wood flooring, You can't be charged for the entire cost of teh new wood floors.
You allowed your cat to damage the carpet, and that's entirely on you, and now you don't want to pay for the damage. All of the people who have trouble finding a rental that accepts pets have people like you to blame. If your pets did damage, that landlord is much less likely to allow pets in the future.
I don't appreciate your accusatory tone. First of all, I never said I wouldn't pay for the damage. Yes, I cat and moused with the front office in order to get information I was looking for. I stated that in THIS case, I don't think I should be charged for damage to the carpet. As soon as I move out, they're tearing the carpet up and hauling it to the nearest dumpster. They're renovating these units at their own cost. So tell me what 'paying for the damage' would entail in this situation.
I've either repaired or in one instance, paid damages, for any pet related incidents that I'm responsible for. Save your finger pointing for the guys that bail overnight and stiff the landlord on repair bills.
It seems everyone missed the point, which is the fact that every single unit in my community has been upgraded. Per a community directive, decided by the property management company. Over the last two years, per protocol, once a tenant moves out, the renovation crew comes in and guts the apartment. Pulls carpet, blinds, countertops, etc. Replaces with hardwood, granite, plantation shutters. These upgrades are not as-needed, they are mandatory, regardless of the apartment's condition.
The issue is that you are confusing future with past. You signed a lease stating that you will return the unit exactly as you received it (past). The plans for what the owners will do next have no bearing (future). They can legally charge you, regardless of state, for what it will/would cost to fix that part of the closet (in most cases, I would charge the cost to replace with a piece from the closet, etc...which is mostly labor (less than $100) but those are the facts.
I agree, knowing that they will be ripping out the carpet, countertops, etc is the pits, but that is life in a rental. I feel for you, but if it is in the lease, you have to pay.
It will be at the grace of the owners or management as they can choose to replace it with whatever.
All that matters is how old is the carpet to calculate how much to deduct.
Actually the owner may be lucky if it wasn't too old to even get anything back as any damage outside or normal wear and tear can be deducted. Animal destruction due to pee and other issues are not normal wear and tear.
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