How does a judge decide if a landlord was unreasonable?

[tmuzzatti]

My landlord withheld $1000 for a carpet replacement that was:

• -Not discussed during the walkthrough
  -No documentation of the quality or how old the original carpet was

The cost of the replacement (as per the receipt) was $1132.08 for the carpet and $75 for a sealant. Total = $1207.08 but he rounded to $1000 and provided no rhyme or reason to how he got to that number.

When I say "not discussed during the walkthrough" I mean exactly this: We moved out on the 31st and the walkthrough/inspection took place 2 days later. In attendance was The Landlord, All 4 New Tenants, My Roommate and Myself. At the end of the walkthrough the new tenants signed the new lease and my roommate and I made a verbal agreement to put a couch on the curb and reorganize some of the items in the utility room. We did not discuss paying for the cost of anything to be replaced.

Four days later (6 days after we have moved out) he sends me an e-mail telling me that the longer you sit in the carpeted area of the house, the more you can smell my cats urine. I told him I had the bad spots shampooed and that if he wanted to do another cleaning I would approve. Keep in mind when the new tenants asked the landlord about the cat smell during the inspection he said, "I don't smell anything" then turned to my roommate and I and said "Do you smell anything?" to which we replied, "No...but we lived with the cats...".

He claims he did the cleaning and it didn't work so he went ahead and replaced the carpeting.

In the letter he sent to me just days before his 45-day time period to return the security deposit he sent: 1 receipt for the Carpet replacement, 1 receipt for the wood sealant, A 2-page letter addressing his procedure, and a check for the remainder of the security deposit.

His letter claims that the carpet was installed new in 2004 and was rented to us in 2007 in "as new" condition, considering only one person had been living there since 2004 (himself). He also claims he could have charged us for the cleaning service but he never provided us with the receipt, just stated what it cost him in the letter portion of the security return.

I aim to give this everything I got, I am genuinely a smart guy and can do my own research. I just need to be pointed in the right direction. I have some law student friends, but property law is not there thing. The one thing I got going for me is that I have remained calm, professional and adult-like through this whole process while he has resulted to name calling and negative comments towards the new tenants and I (I have this all in writing). But what I don't have going for me is the fact that my landlord is a 55 year old lawyer...

Do I have a case?
What is the proper procedure?

Thank you for your time.

 

[jharris352]

I would sue him in small claims court. Don't be afraid that he is a lawyer. He is gong to claim that your cats ruined the carpet and that he found that out during the 45 days he had to return the deposit.

You are going to claim that: He didn't note any damage during the walkthrough, in fact he specifically denied any damage. The Judge is probably going to hold you partially responsible however so it's going to come down to how much of the $1000 do you forfeit. I would argue that the carpet was used when you got it and therefore has a depreciated value. The carpet could have been cleaned with a chemical steam or dry cleaning and the smell could have been mitigated. This cleaning costs considerably less than replacing the carpet. You should get three estimates that include cat urine treatment for a carpet the size of the one in your apartment.

The Judge isn't going to let him keep your deposit to pay to replace your old carpet with new carpet even if your cats are found to be at fault. He is required to try cleaning the carpet first.

I would first send him a letter asking for $750 of your money back and then if he does not comply sue him. Good luck.

 

[Gail_in_Georgia]

It is important to remember that the final walk through is not the end all to a landlord finding damage above normal wear and tear in a rental unit. Often more damage is found after the tenant vacates.

This is one reason why states typically give landlords a certain amount of time (and in Maryland this is 45 days) to find this damage, repair it (or get estimates) and then send the former tenants this information plus any amount left over in the security deposit.

Carpets always seem to be an issue between landlords and tenants. Unfortunately, cat urine is pretty much impossible to permanently remove from carpet. However, carpet is prorated with the life a rental carpet typically being five to seven years. Sounds like the carpet was nearing the end of its "life" anyway.

It would be reasonable for the landlord to charge you for floor sealant (or actual floor replacement from the urine if that was the route he chose) and for the prorated life of the carpet.

Gail

 

[tmuzzatti]

I want to thank the both of you for responding so fast. I have been plagued with the decision to go forward or give up (because the amount is so minor) and your responses have helped a great deal.

All I have ever wanted was for things to be fair. The only thing stopping me from deciding what was fair was the documentation of the original carpet. He claims that he doesn't have to provide that information and that he can come up with any number he wants as long as a judge will find it reasonable.

I have attempted to resolve this via e-mail and it only resulted in insults and defamation of character towards me. He provided some odd math equations that made no sense to me but claimed there were hundreds of ways he could have calculated my share of the replacement cost and still be right.

In the e-mail I sent him after he first mentioned carpet replacement I totally owned up to it and was willing to put forth my fair share. He never responded to my offer, just waited a month until he was ready to send the security deposit back and then addressed my claim in his letter.

I don't believe a judge will see him as being reasonable considering 1/5 of the carpeting was damaged from water and that the carpet was already 5 years old.

QUICK QUESTION: If he didn't start renting the house until 2007 and the house received minimum traffic can he claim that the carpet was in "as new" condition? I don't see how that works in his mind. I can't just put something in my closet and pretend like it doesn't exisit just so it doesn't depreciate in value.

Thanks again for all for helpful comments =]

 

[Gail_in_Georgia]

My suggestion (as jharris has suggested before); stop the emails. Send your former landlord what is sometimes known as a "demand" letter, disputing the amount of the security deposit that was kept, listing what you believe you are fairly owed and the date this should be received by you. Include information that if it is not received by this date, you will consider filing in court for this amount.

Keep the letter short and simple. Give them, say, two weeks to return what you consider is your fair share of the security deposit.

If the amount is not returned by then, decide if it is worth it for you to take this to the next level.

Gail