carpet cleaning taken out of deposit, and then received bill for carpet replacement

[Voti]

I moved out of my apartment building at the end of November and left a forwarding address with them at the time. I did not receive my deposit back until 1/6/2009. I was charged $150 for carpet cleaning and they did not return or include the refundable pet deposit which was $100. The total deposit shown was $625 and the i received $475 back. With the pet deposit the total was deposit shown should have been $725. On 1/15/09 i received a bill for $270 from them stating that they discovered that the carpet had to be replaced after they sent the security deposit to me. Are they allowed to charge me for cleaning the carpets and then replacing them also? And what should I do about the pet deposit? I know that according to Ohio law they are suppose to return the deposit within 30 days and they took 38 days to return it. (not that that is a big deal, just nitpicking at this point) Is there anything i can do about the late return of the deposit if they refuse to take off the charges for the carpet cleaning or the replacement?

 

[Gail_in_Georgia]

You can argue that they went over the 30 day requirement but make certain you have the dates correct. It's based on the date posted on the envelope, not necessarily the date that you received this.

Gail

 

[Voti]

The date on the envelope is January 5th, so it is was postmarked more than 30 days after I moved out. But what about being charged for the carpet cleaning and then the replacement a few weeks later, are they allowed to do that?

 

[Gail_in_Georgia]

Are they allowed to do that? Likely not, although there's no law in your state that specifically addresses this issue. This often doesn't stop landlords/management from turning such charges over to collection agencies.

I've attached information on tenants rights in your states that indicate if information/funds regarding the security deposit are not received within the required guidelines, the tenant can sue for damages withheld from their deposits.

http://www.ohiolandlordtenant.com/revised.html#5321.16

You might consider writing what is known as a demand letter back to management, citing this law and stating that you'd like your full security deposit and pet deposit back within a set number of days.

If they do not address your concerns, then your next option is to consider filing a lawsuit against them (these cases are typically handled in Small Claims courts where an attorney is not required). If you do this and the judgement is in your favor you would also be awarded court costs.

Gail