This is a long question, but the gist is: What are the implications if I stop payment on a check I was required to give to my property managers to replace the carpet? Here's background information:
I lived in an apartment in Davis, Ca for three years and recently found a new tenant to assume my lease. The property management company was supportive and helpful with allowing someone to assume my lease. As part of the lease assumption, I also transfered my $500 deposit to the new tenant and the new tenant took over the apartment "as is", without turn-over from the property management company.
Before the new tenant assumed the lease, I discussed replacing the carpet with the property manager. I had caused some damage by spilling laundry detergent and causing ink stains that would not come out through cleaning. I asked if the carpet could be replaced, how much notice was needed, and how much it would cost. The property manager let me know that the carpet could be replaced if the apartment was empty, that 24 hours notice was needed, and that the full cost would be $967.00. The property manager also told me that they had a policy of replacing the carpet every 5 years for normal wear and tear, so I would only be charged a prorated amount with a credit for 3 years of normal wear and tear.
After the new tenant assumed the lease, I called and asked to make an appointment to have the carpet replaced. The property manager then told me that they didn't have money in the budget to replace the carpet at that time. She said if I waited until the end of the lease, end of August, that they would replace the carpet. Since the apartment would only be empty now and the new tenant wanted the carpet replaced, I asked that she go ahead and replace the carpet now. In order to replace the carpet, the property manager required that I give them a check for the full replacement cost.
I've been told that the property manager can not legally charge me for the normal wear and tear of the carpet. I was planning to write a letter and request a refund and pursue this in small claims if needed. However, I just checked and the property manager has not cashed the check I wrote.
What are the implications if I stop payment on the check? Is it a better idea to stop payment on the check or to allow them to cash the check and pursue this in small claims?
Thanks!
I lived in an apartment in Davis, Ca for three years and recently found a new tenant to assume my lease. The property management company was supportive and helpful with allowing someone to assume my lease. As part of the lease assumption, I also transfered my $500 deposit to the new tenant and the new tenant took over the apartment "as is", without turn-over from the property management company.
Before the new tenant assumed the lease, I discussed replacing the carpet with the property manager. I had caused some damage by spilling laundry detergent and causing ink stains that would not come out through cleaning. I asked if the carpet could be replaced, how much notice was needed, and how much it would cost. The property manager let me know that the carpet could be replaced if the apartment was empty, that 24 hours notice was needed, and that the full cost would be $967.00. The property manager also told me that they had a policy of replacing the carpet every 5 years for normal wear and tear, so I would only be charged a prorated amount with a credit for 3 years of normal wear and tear.
After the new tenant assumed the lease, I called and asked to make an appointment to have the carpet replaced. The property manager then told me that they didn't have money in the budget to replace the carpet at that time. She said if I waited until the end of the lease, end of August, that they would replace the carpet. Since the apartment would only be empty now and the new tenant wanted the carpet replaced, I asked that she go ahead and replace the carpet now. In order to replace the carpet, the property manager required that I give them a check for the full replacement cost.
I've been told that the property manager can not legally charge me for the normal wear and tear of the carpet. I was planning to write a letter and request a refund and pursue this in small claims if needed. However, I just checked and the property manager has not cashed the check I wrote.
What are the implications if I stop payment on the check? Is it a better idea to stop payment on the check or to allow them to cash the check and pursue this in small claims?
Thanks!
