needadvice09
New Member
Long story but here goes...
When I moved into this townhouse, it had new carpets. Granted the carpets were cheap quality and thin, but they were new. A year ago I sent the landlord an email asking if she would like the carpets cleaned/would pay for half of the bill if I had them cleaned- just for upkeep. She declined and said it was up to us if we wanted to have clean carpets. I lived there 3 and 1/2 years with 2 other roommates and we all decided to move out.
The landlord did a preliminary walk through and gave us a list of things to clean/things she noticed. One of which was to clean the carpets. Two days after giving us this list, she sent an email saying if we wanted, she would take responsibility for the carpet cleaning by taking $300 automatically off of our deposit, and we would be responsible for the rest of the cleaning list. We thought we could get a somewhat cheaper cleaning and take care of the rest too, so we declined.
I took it that she didn't think the carpets were in that bad of shape. Also at this time, she decided to replace the high traffic areas with tile because the carpet was worn. She said to not worry about these areas to clean because she was replacing it. So half of the original carpet is remaining.
We and our house cleaners that we hire on our own twice a month went through the house and cleaned everything possible--fridge, oven, floors, painted/filled nail holes, etc. We had a carpet cleaner come through, but honestly they did a crappy job, but couldn't do anything about it since I found this out as I arrived to do the final walk-through.
During the walk through, my landlord repeatedly told me, well if it comes off it's dirt, and I'll have to charge you for cleaning it-- which I agree. She then repeatedly told me (and the other roommates) that she would have to have her people come in and clean the carpet again-- and that when they come in and clean, if the carpet comes clean she will have to charge us for it because it was just dirt (agree again). However, she said if it does not come clean, then it is wear and tear, and it is her responsibility and she would not charge us. She repeatedly said this she would not charge us if the "dirt" did not come up, but I do not have it in writing. After this walk through I have her email stating her concern areas- the carpet- saying she would have her cleaners come in and estimated a $300 cleaning, the patch (no estimate) and painting/filling holes in the wall (estimate $150 off deposit-- I've looked this up and don't think she can charge us for this after all--I painted anyway as a good will effort to her).
On the day she had her personal choice of cleaners come through, I met her for a 3rd walk-through so she could show me the carpets. The bill ended up being $450 (instead of her estimated $300 for 780 square feet of carpet). The carpets were still wet, but looked spotless. So at that time it looked as if the cost was ours and the carpets were clean. She even said this to me--she said"see they are clean- I will have to charge you for the cleaning". She stated on that day I will only charge you for the cleaning, and a small carpet repair patch for $250(caused by Comcast placing a cable- dif issue but I would have allowed the charge and taken the argument up with Comcast). She said she needed one day to get the pictures of the carpet printed and copies made of the reciepts, and would mail them in the next day or so.
Five -ten minutes after I left, she called me on my cell to say she felt bad the cleaning cost ended up being $450 instead of $300-- and she stated I will "split the difference with you" ie she would be pay for $75 of the $150 over the original estimate. I told her thank you that is kind of you.
When I opened her package, it stated that after the carpets dried, some stains reappeared and she now thinks that it will inhibit her ability to rent the townhouse. So now she is having all of the carpet in the entire place replaced. As per law, she claims the carpet would have had 7 years of life (hard to believe if you saw the quality of this carpet, but I don't have the carpet info to research this claim). And according to law we have been there 3 1/2 years, so we would be responsible for 1/2 the cost of carpet replacement. (I know that law is true).
We followed all of her requirements for cleaning the apartment- even though our carpet cleaner did a bad job, and I was willing to take the hit for the second carpet cleaning- even the patch job. But now I feel she is trying to upgrade her townhouse on my dime....I've seen the before and after pics-- there is a stain or two that seems to be from furniture having been set there for 3 years. Is it not considered wear if the furniture never moved, but the area around the furniture is slightly discolored from walking/sunlight/dirt? In one of the rooms the after picture actually has a stain that the before picture did not have. there may be 1 or 2 other light stains but I don't think they warrant a full replacement-- they aren't blaring or colorful or anything like that.
Can she charge us for cleaning the carpets, having a patch replaced, and then for replacing the carpet in the entire apartment? I have read the California Tenant law a few times. I know it says a tenant must return the property to the same condition as when they moved in-- but where does that end? Is there any protection from someone who puts in cheap carpet in their rental unit and expects it to be new when a renter moves out after 3 1/2 years? Am I seeing this wrong? i really am looking for opinions on this one. I think we will be headed to small claims.
When I moved into this townhouse, it had new carpets. Granted the carpets were cheap quality and thin, but they were new. A year ago I sent the landlord an email asking if she would like the carpets cleaned/would pay for half of the bill if I had them cleaned- just for upkeep. She declined and said it was up to us if we wanted to have clean carpets. I lived there 3 and 1/2 years with 2 other roommates and we all decided to move out.
The landlord did a preliminary walk through and gave us a list of things to clean/things she noticed. One of which was to clean the carpets. Two days after giving us this list, she sent an email saying if we wanted, she would take responsibility for the carpet cleaning by taking $300 automatically off of our deposit, and we would be responsible for the rest of the cleaning list. We thought we could get a somewhat cheaper cleaning and take care of the rest too, so we declined.
I took it that she didn't think the carpets were in that bad of shape. Also at this time, she decided to replace the high traffic areas with tile because the carpet was worn. She said to not worry about these areas to clean because she was replacing it. So half of the original carpet is remaining.
We and our house cleaners that we hire on our own twice a month went through the house and cleaned everything possible--fridge, oven, floors, painted/filled nail holes, etc. We had a carpet cleaner come through, but honestly they did a crappy job, but couldn't do anything about it since I found this out as I arrived to do the final walk-through.
During the walk through, my landlord repeatedly told me, well if it comes off it's dirt, and I'll have to charge you for cleaning it-- which I agree. She then repeatedly told me (and the other roommates) that she would have to have her people come in and clean the carpet again-- and that when they come in and clean, if the carpet comes clean she will have to charge us for it because it was just dirt (agree again). However, she said if it does not come clean, then it is wear and tear, and it is her responsibility and she would not charge us. She repeatedly said this she would not charge us if the "dirt" did not come up, but I do not have it in writing. After this walk through I have her email stating her concern areas- the carpet- saying she would have her cleaners come in and estimated a $300 cleaning, the patch (no estimate) and painting/filling holes in the wall (estimate $150 off deposit-- I've looked this up and don't think she can charge us for this after all--I painted anyway as a good will effort to her).
On the day she had her personal choice of cleaners come through, I met her for a 3rd walk-through so she could show me the carpets. The bill ended up being $450 (instead of her estimated $300 for 780 square feet of carpet). The carpets were still wet, but looked spotless. So at that time it looked as if the cost was ours and the carpets were clean. She even said this to me--she said"see they are clean- I will have to charge you for the cleaning". She stated on that day I will only charge you for the cleaning, and a small carpet repair patch for $250(caused by Comcast placing a cable- dif issue but I would have allowed the charge and taken the argument up with Comcast). She said she needed one day to get the pictures of the carpet printed and copies made of the reciepts, and would mail them in the next day or so.
Five -ten minutes after I left, she called me on my cell to say she felt bad the cleaning cost ended up being $450 instead of $300-- and she stated I will "split the difference with you" ie she would be pay for $75 of the $150 over the original estimate. I told her thank you that is kind of you.
When I opened her package, it stated that after the carpets dried, some stains reappeared and she now thinks that it will inhibit her ability to rent the townhouse. So now she is having all of the carpet in the entire place replaced. As per law, she claims the carpet would have had 7 years of life (hard to believe if you saw the quality of this carpet, but I don't have the carpet info to research this claim). And according to law we have been there 3 1/2 years, so we would be responsible for 1/2 the cost of carpet replacement. (I know that law is true).
We followed all of her requirements for cleaning the apartment- even though our carpet cleaner did a bad job, and I was willing to take the hit for the second carpet cleaning- even the patch job. But now I feel she is trying to upgrade her townhouse on my dime....I've seen the before and after pics-- there is a stain or two that seems to be from furniture having been set there for 3 years. Is it not considered wear if the furniture never moved, but the area around the furniture is slightly discolored from walking/sunlight/dirt? In one of the rooms the after picture actually has a stain that the before picture did not have. there may be 1 or 2 other light stains but I don't think they warrant a full replacement-- they aren't blaring or colorful or anything like that.
Can she charge us for cleaning the carpets, having a patch replaced, and then for replacing the carpet in the entire apartment? I have read the California Tenant law a few times. I know it says a tenant must return the property to the same condition as when they moved in-- but where does that end? Is there any protection from someone who puts in cheap carpet in their rental unit and expects it to be new when a renter moves out after 3 1/2 years? Am I seeing this wrong? i really am looking for opinions on this one. I think we will be headed to small claims.
