At the end of December I moved out of a small 610 sq ft 1br apartment I had been renting in preparation for moving into a new home I had purchased. When I moved out of the apartment I cleaned the floor boards, mirrors, sinks, counter tops, toilet, bathtub, and vacuumed the carpet before leaving. I did not leave behind any damage to walls, carpet, or otherwise. A few days prior to moving out, the refrigerator handle broke off (plastic cracked where it screwed into the door) and I notified the complex of in the form of a maintenance request to replace the handle.
I left the apartment clean and in the same shape that it had been when I moved in, with the exception of the broken refrigerator handle which had not been fixed prior to be moving out. After I had moved out, I was not contacted by the apartment complex to do a final walkthrough at any point.
I received a letter from the complex stating they were not returning my deposit and requesting approximately $300 in damages to the carpet and to replace the fridge handle. When I reached out to the property manager, they notified me that it was due to excessive animal urine which had ruined the carpet and needed to be completely replaced.
I own a 7 year old dog which was included on my lease, however I know that my dog NEVER urinated or defecated in the house. When I explained to the property manager that my dog never peed in the apartment, they indicated that was simply not the case as the apartment reeked so bad of urine that they couldn’t rent the apartment. They stated the smell was so intense they had to leave the windows open for a whole month to try and get the smell out. I requested photos of the damage, which they stated they had, and they invited me to come down and smell the apartment for myself as they claimed it still smelled of urine.
After the phone call I emailed the manager to send me the pictures of the damage. The manager stated they had been mixed up and did not actually have pictures. That same day I dropped by the complex with my girlfriend (who regularly stayed at my apartment and knew it did not smell of urine and that there was no carpet damage) and viewed the unit. There was a fresh coat of paint and brand new carpet in the unit and absolutely zero smell of pet urine. The only smell in the unit was the fresh paint and carpet glue smell. While in the unit, the manager continued to state that all they could smell was urine and nothing else. They could not point out any areas where there was damage and kept repeating that all they could smell is animal urine. I know without a doubt that my girlfriend and I are not crazy people and that I did not leave the unit in the condition they are claiming.
I have contacted the regional manager of the property management company (located in a neighboring state and a few hours away from the property) and they stated they were personally in the unit and smelled the urine. They are not willing to eliminate the charges.
I have to remit payment for the damages by end of tomorrow or else I am sent to collections which will damage my credit (I know this is last minute). I am considering paying the amount and taking the property management company to small claims court to return the money they claimed I had to pay along with the rest of my deposit. Should I not do this or is there a better action to pursue?
Some additional points of note:
- The carpet was not new when I moved in.
- I always paid rent on time and paid a considerable amount extra to lease month-to-month during my last few months while I was getting affairs in order for my new home.
- I never had any complaints issued against me.
- The property management company does not have a ‘no smoking’ policy and allows tenants to smoke in their apartments. I do not smoke, however the smell of cigarette smoke would enter my unit when my neighbors would smoke in their apartments.
- The property management company changed during the course of my lease (about halfway through) with numerous amounts of staff turnover during my time at the complex.
- I never complained during inconveniences that were imposed during my time with the complex such as hot water going out on multiple occasions, typically for 2 days or more.
TLDR: My old apartment is claiming my dog peed on and ruined the carpet and is not returning my security deposit and charging me a few hundred dollars to replace all of the carpet. I know that my dog absolutely did not do this. They did not contact me for a final walkthrough, have no photo evidence of the damage, and claim the smell has been so bad that they couldn’t rent the unit for an entire month and still continues to smell of urine. When I stopped by to smell the apartment, all that could be smelled was fresh paint and new carpet. The property manager and regional manager refuse to eliminate the charges. What should I do?
Submitted February 06, 2015 at 03:34AM by upset_mo_renter http://ift.tt/1Kktm2n legaladvice
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