2/6 Anyone have experience with taking a former landlord to Small Claims
Court? I just got our itemized statement of damages from moving out
of our old place, and the landlord is including $1750 for complete
carpet replacement. The carpets did *NOT* need to be replaced --
they weren't pristine when we moved out (wear in high-traffic areas,
small stains), but they weren't pristine when we moved in, either.
Unfortunately, pre-existing carpet problems weren't something I noted
during our move-in walkthrough, and the carpet wasn't discussed during
our move-out walkthrough, either (beyond the understanding that the
\- this is what you should base your claim on. it is ipso facto
unreasonable not to mention a $1000 item at the joint walk
through. you willl certainly win if the fact you state are
accurate. you may be able to get "jerk around" damages.
since you are out of the country, this will be an asspain of
course. i would write the landlord a demand letter [which will
improve your case too] and have it sent from a usa address.
be sure to specify a time by which you want a reply ... say
two weeks. --psb
last thing I'd do before I left would be to steam-clean the carpets).
I can present witnesses (friends who helped us move) to attest to the
condition of the carpets on move-in, but given my lack of backing
paperwork, am I pretty much screwed?
\_ Got pictures? Got a receipt for the steam cleaning? And more
important than any evidence, do you live in Berkeley or San
important than any evidence, do you live in Berkeley of San
Francisco? If so, then you should always take your landlord to
court, no matter how right s/he is because you'll probably win
despite all evidence to the contrary. BTW, $1750 is pretty
fuck cheap carpet. I'd want to see the billing statement showing
the bastards even put new carpet in. Death to landlords and other
property owning scum! The earth belongs to us all.
\_ I lived in San Jose. Unfortunately, now I'm overseas (so I
pretty much knew the answer to the "Am I screwed?" question
before I asked here). When you're talking about average lowball
carpet, how much *should* it cost to buy and install n sq. yards
of new carpet? (Believe me, if it weren't cheap, my landlord
wouldn't be putting it in. That was part of the problem with
the *old* carpet.) -- OP
\_ Unless they have proof of damage, you shouldn't be charged. Normal
wear-and-tear doesn't count. Damage would be torn, stained, rust
or oil stains, burned, etc. In your case, the question is how
stained was the carpet and how large and how many were there?
It would also help to know which city you're in. If you didn't
mention stains on the move-in or have photos, you're not in a
good spot.
\_ Landlord just wants a sap to fall for this trap and buy
free carpet for him/her. Don't fall for it. Fight! Fight!
Fight! Maybe you can counter-sue for lost wages, etc.
\_ your landlord sounds like my old landlord. Is she russian? was
your apt between haste and channing? anyway, i went back to her
and asked nicely and she gave some of my money back. don't know
Fight! Maybe you can counter-sue for lost wages, etc.
if it will work now though. |
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