Prior landlord sueing me for damage/prob was noted on lease

[shangrala]

My husband and I were served with papers yesterday (7/25/09). Landlord is sueing us for $1349.07 for damage to the carpet. I refused to pay this 2 years ago because I feel we do not owe it.

1) When we moved in, walk-thru on the lease states "spots on carpet". Written by prior manager. Several spots were on the carpet, in all rooms. Manager at first wasn't going to notate the spots because she said they were going to replace the beige carpet with grey when we moved out anyways. We insisted, and those words ARE on the lease.

2) When we moved out (8/31/07), apartment was spotless except for drip trays on the oven. We had steamcleaned the carpet, and removed all but one of the previous stains. Even used Q-tips to clean the windows.

3) Walk thru went fine, one spot was pointed out, and we were told during the walkthru "that will come out with the cleaning, don't worry about it." We pointed out the lease said "spots on carpet" and we didn't put the spot there.

4) Asst Mngr told me all will be ok. Walk thru went fine, apartment looks great. We discussed where the deposit would be mailed. She was supposed to send me a copy of the walk thru paperwork (done after moveout) after it was signed by the manager, but never did.

5) Late Oct 2007 we received a nasty letter from collection agency for the apartments saying we owed for the replacement (and cleaning) of the carpet in the entire apartment, which was cleaned and then replaced. They also sealed the concrete, which we are being charged for. (No notice or phone calls were received before this.) They kept our deposit, and the balance is the $1349.07.

6) The issue, according to them: Cat urine rose to the top of the carpet after 3 weeks, and they couldn't get it out. When I asked to view the carpet and the apartment before replacement, I was told they were replaced before the nastygram went out. (Yes, I had cats. No, they don't have a history of peeing on the floor.) So I was not given an opportunity to view the "damage".

7) I disputed the charges in writing (certified mail), and refused over the phone to pay for them based on what was written in the lease about the previous spots. They have not proved that it was my cat and not the previous renter's - they haven't even proven the damage was even there! I told them I wasn't going to pay for the "carpet remodel" they'd planned on doing. I have since reiterated this several times over the phone.

8) Note: This was reported to the credit bureau before we even received the nasty gram. It has greatly affected the interest rate on my credit card (5% increase).

9) I can't believe we're being sued for $1300 for one thing. For another, I have no money to get a lawyer, but make just enough to not qualify for probono work. I truly feel we don't owe this debt, and are being strongarmed by the apartment due to the bad economy. Do we have a leg to stand on?

Thank you very much for your help.

 

[Michael Wechsler]

I wouldn't go to court with a lawyer. I think it is to your benefit. Just be organized. I'd do the following, and decide what is right and works for you.

1) Show the court your lease showing that there were prior stains. Point out the fact that the landlord's lawsuit is in bad faith because he's suing for the cost of a new carpet knowing that the carpet was used and also would have two additional years of reasonable wear and tear, for which you are not responsible.

2) If you have proof, show the court that you steam cleaned the carpet and bring your pictures of your move out if you have them.

3) Cross examine the plaintiff - what does it mean "cat urine rose to the top of the carpet?" Did the plaintiff perform a chemical analysis? Did the urine decide to move it's way "up" the carpet? Or is this just an obvious, absurd ploy to charge you for a new carpet?

4) Ask the plaintiff to show pictures of the actual condition of the carpet to prove their case. If they can't even prove the condition of the carpet and that it needed replacement, the case would seem to be over.

5) Countersue them for the full amount - I would. If the judge asks me about a windfall, I'd bring up the strong arm tactics and defamatory practice the landlord used by reporting this sham debt to a credit reporting agency and it has and will cause an indefinite amount of damage which will be a time consuming practice. I would explain to the court that it is obviously in their discretion but, if the landlord really wanted resolution, they should have come to court here first. The landlord didn't and now will cause you time and money to fight the charge and, if the court doesn't award you damages, landlords will continue to abuse their position by libeling and defaming tenants with false reports to a credit agency. You may want to get an estimate from an attorney to bring to court how much money it will take to contest the charge. It doesn't have to be an exact science but at least what is involved. Funny things happen in small claims court and, if a landlord acted in such bad faith as you represent, you might get what you wish for.

Don't worry - in our sue happy country, everyone sues. It doesn't mean they will win. Be confident in your case and don't let the unscrupulous landlord intimidate you. Good luck.