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Early lease termination & carpet replacement in Maryland

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Latest post Thu, Mar 16 2017 11:01 AM by ca19lawyer2. 4 replies.
  • Tue, Mar 14 2017 4:39 PM

    • Cualeng
      Consumer
    • Not Ranked
    • Joined on Tue, Mar 14 2017
    • TX
    • Posts 2

    Early lease termination & carpet replacement in Maryland

    Hi everyone,

    I've read through many of the posts here and my situation is pretty unique in how things happened. I'll just give the details (as succintly as possible) here and if there's anything confusing or needs more explanation, please let me know.

    - Moved into apartment in July 2016. Got a job across the country in November and moved out in December; 5 months total live-in. Told rental company about it, paid the "breaking lease" fee stipulated in the rental agreement AND lost my deposit

    - Rental company contacts me Feb. 2017 asking me to pay for carpet replacement. They include the estimate for the carpet replacement; not an invoice, just an estimate. $1300. I did not take photos during the move out inspection, and the form they and I signed stating that the inspection was satisfactory isn't in my possession any longer.

    - They state there were stains on the carpet and a sticky substance they couldn't remove and have to replace the carpet, but I'm sure it wasn't there during the move out inspection. They also told me they don't have any photos of these stains or the sticky substance. I told them I didn't agree with their claim and they offered to reduce the amount I have to pay to $600. Our correspondence has been on going for about a month now.

    Since I don't have the move out inspection or photos of the [clean] carpet, can I demand that they produce photos of the damages and the move out inspection report? Why would they wait this long to try and collect? It was a 2 bedroom apartment, and the bill was $1300. Is that reasonable?

    I feel like I've already paid my fair share of fees to them and staying in an apartment for 5 months shouldnt justify their need to have to replace the carpet because of my stay. Since I don't have the forms or photos and I have no idea if they have their own photos or forms of the move out inspection, I'm scared they are withholding them from me and if I do decide to fight them, they'll bring them up, but I also don't want to pay $600 for a barely lived-in carpet replacement.

  • Tue, Mar 14 2017 4:43 PM In reply to

    Re: Early lease termination & carpet replacement in Maryland

    Cualeng:
    can I demand that they produce photos of the damages and the move out inspection report?

    Of course you can.

     

    Cualeng:
    Why would they wait this long to try and collect?

    I don't care to speculate about the motivations of persons I don't know and don't think it would be of any use to you if I did so.

     

    Cualeng:
    It was a 2 bedroom apartment, and the bill was $1300. Is that reasonable?

    $1,300 to replace carpet in a 2 bedroom apartment may or may not be reasonable depending on a lot of factors.

  • Tue, Mar 14 2017 5:03 PM In reply to

    • Cualeng
      Consumer
    • Not Ranked
    • Joined on Tue, Mar 14 2017
    • TX
    • Posts 2

    Re: Early lease termination & carpet replacement in Maryland

    ca19lawyer2:
    Cualeng:
    can I demand that they produce photos of the damages and the move out inspection report?

    Of course you can.

    I have written to the rental company to produce photos and the move-out inspection report. My main frustration is that if they cannot produce any evidence whatsoever, why would I be obligated to pay a dime?

    If they don't have evidence and I don't pay, would I then be able to dispute any hits to my credit report should they decide to send it to collections...

  • Wed, Mar 15 2017 6:38 AM In reply to

    Re: Early lease termination & carpet replacement in Maryland

    Cualeng:
    If they don't have evidence and I don't pay, would I then be able to dispute any hits to my credit report should they decide to send it to collections...

    They'd have to sue you and get a judgment first.

  • Thu, Mar 16 2017 11:01 AM In reply to

    Re: Early lease termination & carpet replacement in Maryland

    Cualeng:
    My main frustration is that if they cannot produce any evidence whatsoever, why would I be obligated to pay a dime?

    Kind of an odd way to phrase the question.  If your former landlord cannot prove the validity of the charges to your satisfaction, then you are free not to pay.  If your former landlord then sues you, it will have the burden of proving the validity of the charges.  If it is able to do so, then the court presumably will enter judgment against you and, at that point, you would be obligated to pay.

     

    Cualeng:
    If they don't have evidence and I don't pay, would I then be able to dispute any hits to my credit report should they decide to send it to collections.

    Yes.

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