Landlord/tenant carpet laws

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Latest post Fri, Jun 10 2011 8:39 AM by LG81. 15 replies.
  • Wed, Jun 8 2011 8:58 AM

    Landlord/tenant carpet laws

    Is it legal for a manager of a low income apartment to charge a tenant carpet damages before they move out of the apartment? If not who should I contact to file a complaint, or what should I do?

  • Wed, Jun 8 2011 9:10 AM In reply to

    Re: Landlord/tenant carpet laws

    It depends on what the reason is for the damage.  If the tenant negligently damages the carpet by spilling paint, bleach or another caustic substance necessitating replacing the carpet:  YES.  If there is a fire that is a result of the tenant's negligenc, then YES.  

    What caused the damage?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Jun 8 2011 9:18 AM In reply to

    Re: Landlord/tenant carpet laws

    Well the damage was dog urine by the tenant's old roommate. I thought that the law stated that the charges would be done AFTER the tenant is moving not BEFORE?

  • Wed, Jun 8 2011 9:19 AM In reply to

    • Drew
      Consumer
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    Re: Landlord/tenant carpet laws

    The ability to collect for damages prior to termination may be a different story --but what does lease say ?

    And what do you mean by damages---

    Ordinarily the LL need to adjust for  depreciation or useful life of carpet --if you consumed  3 years out of 7 year life your exposure might only be 3/7 of cost on new.

    ordinary wear and tear is not damage.

    But if you spilled bleach,  pet urine  and there are cigatette burn holes in same that may be damage!

    As a LL I might be reluctant to put in new capet before you left unless I was paid in full up front --you might destroy same by some future "accident" and I;'d need to seek damages at end all over again.



  • Wed, Jun 8 2011 9:23 AM In reply to

    Re: Landlord/tenant carpet laws

    Well it is pet urine. I have had several carpet specialists come out and say that they can take the carpet up and put Kills on the floor, put the carpet back down and professionally shampoo it while it still looks new afterwards. my manager is trying to charge me for the damage before i move out and now will not take my rent. she just gave me an eviction notice. i talked to the landlord and the landlord wont tell me anything. i talked to the owners, but they pushed the problem off on the manager, who is the person i am having the problem with in the first place. I am so confused in what to do.

  • Wed, Jun 8 2011 9:45 AM In reply to

    Re: Landlord/tenant carpet laws

    Well the damage is pet urine. i have had specialist come out and say that the damage is not permanent and she is trying to charge me to replace the carpet. I am still living here, she is now trying to evict me because i wont pay for something that can be fixed. she wont take my rent money either. what is your legal advice Drew?

  • Wed, Jun 8 2011 10:37 AM In reply to

    Re: Landlord/tenant carpet laws

    Were you authorized to have a pet?  Often even if you were letting the pet soil the carpet with urine and *** is a violation of the lease and is grounds for a breach and the landlord/manager can seek to evict for that reason.  I am not certain that they can refuse your rent.  Call the WA court clerk and see if you can deposit your rent with the court until the case is heard.  That way you are not in violation for refusing to pay.  There are states that allow tenants to do that.  

    While you are offering to cure the issue via the cleaning the landlord may not be required to accept that offer in your state.  Even though your specialist states it will "cure" the problem I have seen many circumstances where it does not and the only remedy once it is urine saturated is replacement.  That odor does not cure with cleaning.  Most landlords do evict tenants who damage the property with urine soaked carpets.  It isn't difficult to house train a pet and to ruin carpets with urine in inexcusable.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Jun 8 2011 12:17 PM In reply to

    • LynnM
      Lawyer
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    Re: Landlord/tenant carpet laws

    And just what law would that be?

    I am not aware of any law that would prohibit the landlord from making repairs to something damaged by a tenant and charging for those repairs during the life of the lease. And the way our system works, unless the law says you cannot do it, you can do it.

  • Wed, Jun 8 2011 3:14 PM In reply to

    Re: Landlord/tenant carpet laws

    TiffanyCole:
    a low income apartment

    Is the apt low income through Section 8/HUD, or another Federal program? If it is, you would have yearly inspections, and paperwork from the Feds.

    If not Fed, is it Low income through a City or State program? Did a 3rdParty pay your security deposit?

    If yes, you will need to check your paperwork, and contact the agency under which the subsidy comes from. Section 8/HUD has its own special rules/regs controlling security deposits, and charges to tenants, outside of their rent payments. YOU NEED TO GET YOUR paperwork, ASAP.  

     

  • Wed, Jun 8 2011 4:29 PM In reply to

    Re: Landlord/tenant carpet laws

    TiffanyCole:
    I thought that the law stated that the charges would be done AFTER the tenant is moving not BEFORE?

    Then you need to read the statutes.

    The statutes specify HOW the landlord is to handle security deposits and WHAT the landlord must do WHEN he withholds part of the security deposit to pay for repairs to damaged property.

    There is nothing in any law prohibiting the landlord from assessing and collecting repair costs while you are still living there (subject, of course, to depreciation as mentioned by Drew).

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jun 8 2011 4:40 PM In reply to

    Re: Landlord/tenant carpet laws

    TiffanyCole:
    Well it is pet urine. I have had several carpet specialists come out and say that they can take the carpet up and put Kills on the floor, put the carpet back down and professionally shampoo it while it still looks new afterwards.

    Did you do it and pay for it?

    No.

    Then you have nothing to say about how the landlord repairs or replaces the damaged property.

    If you had done it and paid for it, you would have a defense against eviction.

    The trouble with tenants is that they come up with these stories about who told them about what could be done, but they don't get it done and pay for it.

    If you have to be evicted in court you might have better success arguing depreciation than you would have arguing that some carpet specialist said this, that, or the other thing unless that carpet specialist was in the courtroom testifying to this, that, or the other thing.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jun 8 2011 10:57 PM In reply to

    Re: Landlord/tenant carpet laws

    You know i love how everyone is sitting here and ganging up on me. i asked a simple question to see what needs to happen. the pet wasnt even mine. the apartment smelled like urine when i first moved in. my previous roommate refused to train her dog and then left after it ***angry where the smell was at. it is only in one spot and the carpets have obviously not been fixed from the previous tenants..one person saying it would have been enough instead of everyone saying the same thing. she refused to take my rent.. and there has been several other problems with the manager with other tenants. she left documents including tenants bank and social security information on the top of the trash outside. The house currently does not smell like pets at all and i cannot even see the stain. She has done the same thing to previous tenants in other apartments here. She takes the checks that tenants leave in her mail box when she is not here and puts it in theirs so their rent is late and they have to pay a late fee. I have witnessed her do that as well. So tell me that she is a good manager and i am out of my rights to feel like i am being screwed over? I sure do not feel like i deserve this.

  • Thu, Jun 9 2011 1:46 AM In reply to

    Re: Landlord/tenant carpet laws

    You wrote nothing about any of that.

    The information you get here is only as good as the information you give.

    How can anybody tell you what needs to happen if you don't tell us what happened.

    You appear to have a possible defense against eviction if you want to stay put and force the manager to take you to court, if you can prove the events that you have related in your last post.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Jun 9 2011 2:48 AM In reply to

    • LG81
      Consumer
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    • Joined on Sun, Jan 3 2010
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    Re: Landlord/tenant carpet laws

    TiffanyCole:
    The house currently does not smell like pets at all and i cannot even see the stain.

    As for the smell, please consider that you may have become accustomed to it and that you don't notice it any longer.  A couple we are friends with loves to entertain in their home.  The wife is a fastidious housekeeper; everything is always in its place and everthing is very sanitary.  When one walks in, however, s/he can almost immediately smell the litterbox their two cats share.  If she or her husband could smell it, I'm sure she would take care of it, but they are used to it.  You've indicted that a service provider said the smell could be fixed.  If that provider has actually been in the apartment, I would venture to guess that s/he smelled it (unless the person is just a scam artist).

     

  • Thu, Jun 9 2011 10:42 PM In reply to

    Re: Landlord/tenant carpet laws

    well first of all, i am the tenants friend posting this for them, when i first came into the apartment when meeting him, i didnt smell ANY odor of pets and i do not have one myself so no, it is NOT that i am used to the smell. The problem with the manager had started before i met him. So the whole thing of it starting after i met him, dont even think about it. i am defensive because this is crap what this woman is doing to him. She is against smokers and he smokes, but he does not smoke in the apartment and she has tried to say that he does.. she is just harassing him along with the other smokers of the apartment.

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