posted August 17, 2004 10:59 PM         

Anyhow, I'm gonna post the letter I am sending to them soon. I'd really appreciate anything all of your input. Think I should word something differently, or anything at all... please don't hold back. I need this letter to make an impression.

_____ and ______,

As I stated in the message I left you August 17th at 1:45PM, I have contacted an attorney. When I told the attorney you are charging us 73% of the cost to replace carpet that is 10-12 years old, his instant reaction was laughter. He advised me to go to various carpet stores and find out the typical life expectancy of similar carpet. We did just that.

We went to Studer's where we were told the typical life expectancy of carpet is 7-10 years, but generally in a rental it is 5-7 years. Their warranty offers do not go beyond 10 years. At 10 years, they will pay only 10%. Anything beyond 10 years is the owner's responsibility because the life expectancy has expired.

We also went to Carpet City where we were told that carpet is only good in a rental unit for 5-7 years. They will not offer a warranty on carpet that will be in a rental unit because the life expectancy is much shorter than that of an owner's home. We were also informed that it is a very rare case for someone to replace the carpet leaving the old pad behind. The pad also wears out and stores a lot of the dirt, not to mention dust mites. Apparently you have been misinformed by your carpet cleaner.

(Note: She told me the carpet guy said it will be a lot more to replace the carpet because generally you just leave the old pad and put new carpet on top of it.)

I have also found information on the internet about this issue. From rentlaw.com:

"For example, suppose a tenant has damaged beyond repair an eight-year-old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet."

When you came to pick up the keys, I explained the above quote to you quite clearly. I also told you where you could go to find such information.

From facilitiesnet.com:

"The carpet industry has been revisiting the durability of carpet fibers, and manufacturers are well aware that managers want floor coverings to last a long time. One carpet industry representative says school districts, strapped for money, often expect carpeting to last up to 12 years. But based upon years of experience with facilities and carpeting, industry representatives say the most common range for carpet life expectancy is 7-10 years."

Clearly the carpet has met (or exceeded) it's life expectancy. Therefore, you are unlawfully withholding our deposit. You cannot charge us for carpet in need of replacement that has met it's life expectancy. It is illegal, unethical, and quite frankly, immorally greedy. I intend to exercise my rights to the full extent of the law if you do not remove the charges for the carpet and refund our deposit.If you are unwilling to refund our deposit (minus $140, the only money you can legally withhold), Michael and I will hire this attorney and take you to court.

I expect to hear from you on this matter in no less than 10 days. If 10 days has passed, I will hire the attorney and court proceedings will begin.

Sincerely,

posted August 17, 2004 11:33 PM         

I feel for you more than you know. We too are renters and have NEVER had a good experience with a landlord in the 13 years we have been renting.

I feel that you have done your duty to let this landlord know the facts on carpets and your posisition on making a lawful case against him. Stick to your guns! Do not let him bully you. Also, check you credit report to make sure that he has not "turned you in" for lack of payment.

I do not know about the laws in your state but most states have a law stating that a landlord has to replace the carpeting in a rental unit every 3-5 years for health reasons.

I wish you luck! Maybe this would be a good thread to start about bad landlords and how to protect yourself. I know that we are STILL fighting our last landlord from over 2 years ago in Michigan over a cracked window and a dirty carpet.

posted August 18, 2004 05:35 PM         

If I were you, I would extensively review the lease first before sending off the letter. Find the exact wording of what you are responsible for and what the landlord's expectations are for the condition of the apartment. Find out if the landlord has paperwork (receipts) on when the last time new carpet was installed in that unit and what maintenance work had been done on it since.

"Wear and tear" is subjective. I would not write my own sentences about what third parties say about carpet longevity. Instead, I would attach original data from the source with footnotes in the letter on what the reader should reference to.

Be professional and aim to keep personal comments from yourself and others out of the negotiation.

As a precaution going forward, take photographs of the current apartment you are at and write down a list of the move-in conditions. Then give a copy to the landlord for review and have the both of you sign it.

All the best,

posted August 18, 2004 06:00 PM         

There isn't really anything in the lease about the carpet. It's all basically written into the Landlord Tennant Laws. The carpet had never been replaced in the house. The bought the house on Forclosure. The house is somewhere between 10-12 years old.

I really like the idea of adding footnotes. And, I assume your speaking of "It is illegal, unethical, and quite frankly, immorally greedy." when you say to keep my personal comments to myself. You're right. I think I will take that part out... even though I believe it wholeheartedly. It does take something away from the professionalism of the letter.

posted August 18, 2004 07:37 PM         

Best of luck!

Amber

OK I'm late you are going to take it out...

posted August 18, 2004 08:14 PM         

Do you have a copy of your lease?

Oh--one teensy thing and it's just a pet peeve of mine.

quote:

---

Clearly the carpet has met (or exceeded) it's life expectancy

---

posted August 18, 2004 08:41 PM         

We worked for almost a week cleaning and painting...

posted August 23, 2004 04:05 PM         

Just got off of the phone with the landlord. She's really tickin' me off. "Today's my son's birthday. I just really don't want to have to deal with this. I have a lot of other things going on in my life."

Welcome to the club, lady!!! For Christ's sake... do you honestly think I WANT to be dealing with this?!

She's trying to strike a deal with me. Asked me if I could pay 10% of the carpet replacement value since she thinks she had one more year in it.

"Well... one year off of 11 isn't 10%, it's 9% and I'm not giving you a dime. Your guilt trips aren't going to get me to do anything I don't want to do. The law is on my side. Refund my deposit or I will file a lawsuit."

She actually called the utility companies to see how far behind we got on our bills and suggested she keep the money from my deposit to pay off the utilities.

I'll be checking into the legalities of this and talking to my lawyer.

posted August 24, 2004 02:16 PM         

That is just ridiculous!!!!!

Keep us posted!

Hmph!!!!

posted August 27, 2004 02:19 PM         

I told her that I wanted to see receipts from the replacement of the carpet. She sent me the receipts with the check.

Her what she was trying to charge me was what she said was 73% of the carpet replacement, which was about $1500.

According to these receipts she sent me along with my check, it cost her $853.01 for the carpet and $250 for the pad.

She was totally trying to rip us off. She was charging us more than it cost her... trying to get away with some BS.