Charged for carpet replacement - Arizona

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Latest post Tue, Jan 31 2017 11:51 AM by Drew. 5 replies.
  • Mon, Jan 30 2017 6:32 PM

    • accuracy101
      Consumer
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    • Joined on Tue, Jan 31 2017
    • AZ
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    Charged for carpet replacement - Arizona

    Today I recieved a letter from the apartment complex I recently moved out of stating that I have a $375 balance due to a carpet replacement (including my lost deposit). I only lived there for 4 months and I'm certain the carpet was thoroughly cleaned and stainless upon moveout - though I foolishly did not take photos. There was also no walk-through move out inspection, which I thought was odd. 

    The letter also states that they will turn my account over to a collection agency if the balance is not paid in full in 10 days. They also offer a 70% settlement arrangement. 

    How do I go about this? Do i have any chance here? 

     

     

     

     

     

     

  • Tue, Jan 31 2017 8:05 AM In reply to

    Re: Charged for carpet replacement - Arizona

    Because you identify as being from AZ, I'll assume that's where this happened.  Please say so if that's not correct.

    accuracy101:
    I only lived there for 4 months and I'm certain the carpet was thoroughly cleaned and stainless upon moveout - though I foolishly did not take photos.

    Do you have any witnesses to the condition of the carpet when you moved out?  Professional movers, or friends who helped you move?  Did the letter you received include a description of the supposed damage to the carpet, and/or photos, or just a "carpet replacement - $X" line item?

    Not having taken move-out photos doesn't doom you, it just makes winning your case less of a slam-dunk than it would have been.

    accuracy101:
    There was also no walk-through move out inspection, which I thought was odd.

    Under Arizona law the tenant has the right to be present at the landlord's move-out inspection, but to exercise that right he or she has to request to be notified of when that will occur.  Here's a link to the security deposit section (ARS 33-1321);  the wording is in paragraph C.

    accuracy101:
    How do I go about this? Do i have any chance here?

    If you want to dispute this, your first step would be to write them a letter in reply.  If the landlord failed to send the accounting by the deadline in paragraph D of ARS 33-1321, then you can certainly discuss that in your letter.  If they met the deadline then you'd just tell them you left the carpet clean and undamaged, and if they don't send you your security deposit back within, say, 2 weeks (pick a reasonable amount of time) you intend to sue for the return of your deposit in small claims court.  I'm guessing your security deposit did not exceed the $3500 AZ small-claims limit - ?

  • Tue, Jan 31 2017 8:16 AM In reply to

    Re: Charged for carpet replacement - Arizona

    accuracy101:
    The letter also states that they will turn my account over to a collection agency if the balance is not paid in full in 10 days.

    They shouldn't have threatened and what they threatened isn't accurate.  They have to sue you for the money first.  They can't just send you to collections and the collection agency cannot sue you in small claims. I suspect they threatened collections to get you to just agree to pay them something.  As Karen pointed out, you are entitled to an itemized statement within 14 days.  That statement must lay out how your security deposit was applied.

     

  • Tue, Jan 31 2017 8:56 AM In reply to

    Re: Charged for carpet replacement - Arizona

    accuracy101:
    including my lost deposit

    Lost?  Do you mean that your landlord intends to keep your entire deposit and wants an additional $375?

     

    accuracy101:
    How do I go about this? Do i have any chance here?

    No one here can intelligently tell you that you have NO chance, so the only conclusion is that yes, you have a chance.  Write your former landlord a letter disputing the claim and asking for evidence that the premises were not returned in substantially the same condition as when you moved in.

  • Tue, Jan 31 2017 9:25 AM In reply to

    Re: Charged for carpet replacement - Arizona

    karen2222:
    and if they don't send you your security deposit back within, say, 2 weeks (pick a reasonable amount of time)

    On second thought, "10 days" has a certain poetic symmetry...

    But of course you should take into account when it will be convenient for you to start your lawsuit.  Be aware that unless they back down before the hearing date, you will have to show up in court and it will have to be the court in the county where this complex is (not where you now live).

  • Tue, Jan 31 2017 11:51 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,403

    Re: Charged for carpet replacement - Arizona

    Assuming OP is in AZ it's still hard to sort out procedural details.

    generally  LL must conduct final walk thru and allow tenant to be present IF tenant so requests ? 

    Generally ordinary wear and tear is not damages and LL bears burden of proof.

    If LL bungled return of security LL might be looking at double damages plus court  costs 

     



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