Received notification today that my old apartment had to replace the carpet because it ''tested positive for urine" Yes, I had a pet and yes I paid a $300 pet fee for it to be there.

I won't say whether or not the dog had any accidents, but even if he did, how could you prove it?

The apartment was in immaculate shape and no visible stains on the carpet. Any liquid that ever hit that carpet was cleaned immediately and thoroughly. The lady said that when they flipped the carpet over, they saw the stains there and knew it was urine.

Probably over a barrel here because I signed a Pet Addendum but why on earth would the apartment pull up the carpet to inspect it? They wouldn't. They were probably replacing it anyway and now they're sticking the bill to me because I had a pet.

Do I have any action here? They said they will send me photos tomorrow but those could come from anywhere.

Thanks T-dub

8/9/2012 5:19:05 PM

don't ever expect to get your deposit back. just don't pay your last month of rent. tell them you're not going to pay your last month of rent just to make sure you don't get your deposit stolen. tell them if there is any legitimate damage, they can let you know and if you feel that it really is your fault, you will be more than happy to pay them for it. then tell them if they try to report anything to equifax or take you to court, you will damage the shit out of the place.

8/9/2012 5:27:24 PM

Quote :

"The apartment was in immaculate shape and no visible stains on the carpet. Any liquid that ever hit that carpet was cleaned immediately and thoroughly. The lady said that when they flipped the carpet over, they saw the stains there and knew it was urine."

Why would they flip the carpet...
unless they were already planning on replacing it?

Sounds pretty clear that they had already decided to replace it and they're just using the stains on the bottom as an excuse to make you pay for it. It's not like they'd ever get it back down if it checked out fine.

Ask for pics/proof...I'd love to see them produce pics of carpet that is clean on top and has stains on bottom. Refuse payment, threaten suit, blah blah blah. Ultimately, I think if you push back you can make them drop it or at least lessen it to a nominal fee.

8/9/2012 5:28:18 PM

how long did you live there? i think by law they are required to replace the carpet every 5 years, so if you lived there longer than that you shouldn't have to pay for that shit

8/9/2012 5:28:54 PM

what apartments were these?

My wife and I had the same issue at a place in Brier Creek. We ended up having to pay a big chunk of money to have the entire apartment recarpeted because of a small stain in the living room.

8/9/2012 5:35:37 PM

Did you rent directly through the owner or through a rental company? I'll assume its a rental company, who has to be managed by licensed nc real estate agents. They're required to abide by the Tenant Security Deposit Act: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_42/Article_6.html

First, did they notify you with in 30 days of the conclusion of your tenancy? If that answer is no (likely it's yes), then they can't do squat with your security deposit.

Second, Check your lease and find out what the pet fee covers. If your pet fee is simply for the additional wear and tear that comes with a pet dwelling, for example, then they can charge your security deposit for the pet stain removal (in your case, carpet replacement). Carpet stains of that nature are often argued as damage. Unless they're doing something blatantly illegal (which is of course possible), they've taken a position that they consider arguably justifiable.

In most of these cases, the management company is within their rights to charge you for the carpet replacement so long as they comply with the terms of the lease and the SecDep Act.
If you're going to argue facts, argue the age of the carpet for a depreciated cost (assuming that the carpet has some age to it).
It sounds like your best shot at getting your deposit back is to get them hung on paperwork and due-process. They're only entitled to keep your deposit under certain criteria, such as maintaining it in a trust account and naming the bank in your lease, notifying you within 30 days of your tenancy of the damage, etc.They'll also need to have to prove the age of the carpet if this goes before a magistrate in small claims.

TL;DR: If you can prove they didn't walk that narrow line they're required to walk in order to collect on your deposit, then you keep your money.





[Edited on August 9, 2012 at 8:13 PM. Reason : .]

8/9/2012 8:05:16 PM

Had the same problem pop up when moving out of some apartments at Crossroads. After paying almost $200 to make sure the carpet was thoroughly cleaned in hopes that I would get my deposit back. Nope. Lost my deposit and had to pay an extra $45 to make the problem go away.

I'm convinced that some of these apartment complexes have some crooked policies and that they're taking advantage of everyone since it's so hard to prove your innocence and the fact that you've already moved out and you're ready to move on. For some luxury apartments, my place in Crossroads had the most horrific of reviews, primarily because of their craptastic way they charged folks during move out. Moving in, I didn't realize that things were so bad, but having read some, I kinda knew what to expect, so I wasn't surprised by it either. Granted, I'm half tempted to do something to enact some justice.

8/9/2012 8:31:50 PM

Smart move by posting on the internet about it.

8/9/2012 8:53:37 PM

To be sure, they decided it was time to replace the carpet anyway and decided to stick you with the bill. However, unless you can prove that the stains were not caused by your pet (good luck with that) you're kind of screwed. You can certainly dispute, argue, file paperwork, etc, but you may have a hard time pinning it on them. Typical shady landlord shit.

I had sort of the opposite of this recently--when we moved in, May 2009, the carpet was already in craptastic shape. Pet stains, other random stains, and even places where the carpet had been patched with something that didn't quite match in color. We took meticulous photos and notes of all the affected areas and let the agency know we had done so. When we moved out 3 years later, it was worse, and I didn't get to steam clean it because I ran into some delays while cleaning up. So it looked awful and I expected them to try to stick us with the replacement cost. Yet, we got our entire deposit back except for a $40 charge for something unrelated and legitimate. Everything went better than expected... So if you're renting in Durham, REA is an awesome agency.

Quote :

"don't ever expect to get your deposit back. just don't pay your last month of rent. tell them you're not going to pay your last month of rent just to make sure you don't get your deposit stolen. tell them if there is any legitimate damage, they can let you know and if you feel that it really is your fault, you will be more than happy to pay them for it. then tell them if they try to report anything to equifax or take you to court, you will damage the shit out of the place."

Yeah you can't really get away with this most of the time. Most leases expressly say you cannot use the deposit as the last month's rent, and you're signing this. So it's binding. Plus threatening someone when you are the party breaching the contract is always a fantastic idea!

[Edited on August 9, 2012 at 9:36 PM. Reason : rea]

8/9/2012 9:35:16 PM

Did you receive this notification within 30 days?

If it has been more than 30 days they do not have any claim to the deposit.

8/9/2012 9:54:52 PM