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Apt vent/advice *long*

This is mainly just a vent but if anyone has any advice I would appreciate it.  We moved out of apartment at the end of May after we lived there for 2 years and a month later when we got what I thought was going to be our deposit back, instead we got a bill.  They are trying to charge us to replace the carpet in the entire apartment as well as to paint the whole apartment.  They claim that the apartment carpet is "heavily warn, discolored and in some places saturated in pet urine".  They also claim that there is "excessive scuff marks" on the walls and more than the "normal wear and tear".  This pisses me off for numerous reasons. 

1.  That apartment was pretty much spotless when we moved out.  There was a mark on the wall where a stool was, another mark where a chair was in the dining room, a mark in the living room where the office chair sat, and in the bedroom the wall was discolored where the bed sat for 2 years.  I admit that was there but isn't that normal wear and tear??  There were no hole marks, nothing a quick paint brush couldn't cover. Not only that, our lease specifically states we are not to paint the walls at any time in our apartment.  So... how were we supposed to fix that?  In addition to that, at our last apartment they told us they have to repaint/touch up paint every apartment when someone moves out, so I guess I partly assumed it would be the same in this apartment since it was much nicer than our last.  I was wrong to assume but do they really have the right to charge us to repaint the WHOLE apartment? 

2. Before we moved out we steam cleaned the carpets right before we moved out with THEIR cleaning company!!  Then, we turned off the electricity and no one went in to that apartment for 3 weeks until they went to inspect it.  They claim the carpet co. "smelled something" so they decided to lift the carpet up.  Of course they smelled something!  I'm sure it was extremely musty because the carpet was cleaned and then the electricity was turned off for 3 weeks!!  There is not a single stain, mark, anything on the visible part of the carpet.  So they pulled the carpet UP and underneath the carpet there are several stains.  I can tell you with certainty that there was no way all of that was dog urine.  If our carpet was "saturated with dog urine" you would smell it and my apt. NEVER smelled.   I know we spilled a coke and stuff a couple of times, accidents happen.  Also, you could see the carpet pad under the carpet and there was not a single stain on the carpet pad.  So basically, a spill or accident happened, it was cleaned up immediately, and there was no physical evidence unless you pull up the carpet and look under it.  How is that "negligence" or not meet the definition of normal wear and tear?? Accidents freakin happen.  What were we supposed to do for 2 years, walk on our furniture and not touch the floor??

We questioned it and then did a walk through with the apartment and have continued to argue with them about this.  The apt manager said that she would get us where it says specific things in the lease we signed and get back to us.  DH has called at least 5 times plus, since then and always leaves messages and she never calls him back.  She finally called back like yesterday and she said "Oh didn't you get the letter I sent you in August, it never came back to me?"  Ummm no.  Then she confirmed she had the correct address and said she didn't know what happened.  Well.. considering we have no problem getting mail., my guess is she never sent the damn letter.  So, she emails it today and copies specific things from our lease.  I may be naive, stupid, or just angry, but I still don't think this is fair nor accurate, even reading what she quoted.  They are keeping our $500 pet deposit, security deposit, and want us to pay an additional $180.  I have ALWAYS gotten all of my deposits back in full so I have a big problem with this.

Is there anything else we can do besides take them to small claims court?  I don't really have the time or money for that but I'm pretty mad.  If I need to just suck it up and pay, I will, but this amongst other things, I no longer recommend this apartment and right now I'm just going to pout.

Sorry so long. /vent over.  

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Re: Apt vent/advice *long*

  • Im sorry yall are having to go through with this.I hear this all the time from clients, and the best advice can the you is to contact the Austin tenant council. Also if you took pictures before move in and at move out pull those for reference. And for everyone else who is ever thinking of leasing always always get photo documation ofthe place before move in and at move out.
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  • Do you know any attorneys that would be willing to threaten to file suit? They might back down with a nasty letter. Another option (either without the attorney's letter or after) is mediation. Austin Dispute Resolution Center is free and that might be a way to work out a better agreement. Sorry you got screwed. You guys certainly don't need anymore headaches. Sad
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