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Valued Contributor
GregB
Posts: 1,669
Registered: ‎05-24-2007

Re: Past property management company trying to charge me with $2500 in damages.

Webhopper is completely correct on every point of law. The OP is in for a dose of reality about separate and joint liability.

 

The "girls" are smart enough to not have been found..........

 

The time to have determined damages was during a final walk-thru while giving the property back to the owners.

Established Member
kbl7td
Posts: 56
Registered: ‎10-09-2012

Re: Past property management company trying to charge me with $2500 in damages.


GregB wrote:

Webhopper is completely correct on every point of law. The OP is in for a dose of reality about separate and joint liability.

 

The "girls" are smart enough to not have been found..........

 

The time to have determined damages was during a final walk-thru while giving the property back to the owners.


They didn't skip town in hopes of avoiding the damage. We didn't know till a month later about the damage. For all I know they got a letter too, I don't talk to them, nor do they contact me back for obvious reasons. 

 

We were never contacted about a final walkthrough. 

Frequent Contributor
SanFranMatt
Posts: 347
Registered: ‎09-16-2007

Re: Past property management company trying to charge me with $2500 in damages.

What state are you in?  Different states have different laws.  But you're correct about the depreciated value of the carpet.  They cannot make you pay 100% of the replacement cost.  You would only be responsible for a pro-rated amount, based on the age of the carpet and the useful life.  Let's say that it was five years old.  The carpet started to accumulate wear and tear starting the day it was installed.  By the time you moved out, the carpet lost a lot of value based on the accumulated wear and tear.  The landlord cannot charge for that loss of value - they can only charge for the remaining value.  Different people have different timelines, but 7 years is pretty standard for a carpet in a rental unit.  Anything more than that, and the landlord is pushing it.  Most landlords use cheaper carpet in rental units, and it should not be expected to lost 10-15 years.

 

Did they give you an invoice that shows it was $2500 to replace, or was the $2500 already a pro-rated amount?  If that was the full amount of the invoice, I would write back and say that you dispute the charge because the upstairs carpet was already past its useful life so there should be no charge, and the downstairs carpet should be pro-rated based on its age (if you lived there for a year, then it was a year old by the time you moved out).

Established Member
kbl7td
Posts: 56
Registered: ‎10-09-2012

Re: Past property management company trying to charge me with $2500 in damages.

They charged full replacement for everything. Yes I have the invoice for the cost. In fact I think it was actually a little more. 

Frequent Contributor
Imua
Posts: 280
Registered: ‎01-17-2009

Re: Past property management company trying to charge me with $2500 in damages.

you said you weren't notified about the damages for a month.

 

in that case, i would check the applicable landlord-tenant code re the amount of the time the landlord (or management company acting on behalf of the landlord) has to either return your deposit in full or notify you in writing re any damages. here in hawaii, landlords only have 14 days.

 

(i'm assuming several things in my reply: that there was a security/damages deposit involved, that you had provided a contact address after you moved out so the landlord can't claim they tried to contact you earlier, and that there wasn't a clause in the rental agreement that prohibited pets/dogs).


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