I have a friend who is lost at the moment;
She got an apartment 12 months ago, paid a 300 deposit, and cleaned the apartment herself. Now, on June 15, she turned in a notice to vacate because her lease is up on July 15. The landlord called her back about 2 weeks later and wanted her to sign a blank lease, no dates, no rental amounts, nothing on the lease. She resubmitted the original 30 day notice again to him. Now, on the 14th of July, he showed up ready to change the locks, my brother was there helping her move, and she had gone to the store. The landlord took it upon himself to go thru her drawers, and walk the whole apartment. My brother says the landlord did not ask for permission, the landlord opened the apt himself and took it upon himself to inspect the apt. Needless to say, my friend felt violated. Anyway, we helped her clean the apt. and took pictures, the landlord did not want to be there to receive the keys, so they were left on the counter, per his request. We took a picture of that also. Landlord called her today, demanding 800 to replace the carpet. the carpet was used when she took the apt. Landlord claims that there are 2 spots, one red and one green, that wont come out, therefore he needs to replace the whole carpet. My friend asked if she could call a company to remove those spots, and have him take that out of her deposit, he said h*** no. He was going to replace the carpet in the whole apt, even though, according to him the carpet is perfect in the hallways, and both bedrooms. He said himself that the apartment was left very clean, but he wants her to pay for replacing the carpet.
I dont think this is right, maybe she is supposed to pay for the spot removal, but not for him to replace the whole carpet. Can she legally do anything to get her money back? Or at least not pay more than those 300?
FYI, the carpet was 8 months old when she moved in, it was cleaned every two months, she is such a neat freak!!
I agree with the advice on contacting an attorney and getting legal help. That $800 sounds like too much. Do you have your original contract you signed. Get an atty to look it over with a fine tooth comb. See what you agreed on if stains were on the carpet or any damage to the apartment. Make sure the Landlord is following his own rules under the contract. It should say in the contract what the fee is for any damage to the apartment.
Having an attorney advise you is the smartest thing. You could ever get the attorney to write a letter for you and that would be so powerful and would help your situation. Good Luck
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This is the bad part about living on someone else's property. Every time my husband or I would move apartments (before getting married & buying a home) we dealt with leasing companies that wanted to hang you out to dry for repairs that cost 10% of what they want to charge you. There's not much she can do, other than contact the TAA (Texas Apartment Association) or the Texas Attorney General's office. However, because this is a regular occurrence across the state, don't expect a speedy resolution. My advice, pay the $300 and get the heck away. Buying a house was the smartest decision I have ever made.
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Call the Dallas Bar Association. They have a hotline and could answer this question and perhaps provide free or reduced fee legal assistance. Google Dallas Bar Association.
Good luck!
ps - I would also type up a formal letter, informing him that she is seeking legal assistance in this matter and mail it certified mail. That way, she knows he got the letter and he knows she may really be serious!
