landlord trying to replace carpets that don't need replacing

February 4, 2009 1:40 PM

my landlord is trying to make me pay for replacing the carpets when they do not warrant a replacement, and she will not stick to a verbally (and textually) agreed upon date of moving out early (which was her idea so that her new owner could move in asap) unless we agree to replacing the carpets. What should I do?

I live in a townhouse w/ 2 roommates that we rent from a private owner. I'm the liaison between my roommates and the landlord (we are all on the lease). This is in Boulder County, CO (advocate of renters' rights, as I'm told) I believe it is her first time being a landlord. Before Christmas, my landlord called me and said that she is selling the place to a friend. She wanted to know if we could move out early so the new owner could move in ASAP. We told her that it was definitely a possibility and that we'd see what we could do. Around the 3rd week of January, we found a new place and called her to tell her that we wanted to move out.

side note: During this time we were having some pipe vibration issues that we wanted her to come take a look at. After she went to inspect the pipe situation (I wasn't there but my roommates were), she called me and told me that she thought the carpets in the downstairs were completely destroyed and wanted to have them replaced. She also said the entrance way to the townhouse was destroyed and that needed to be replaced as well. The downstairs is white shag, 1 year old, and had some noticeable stains on it in 10x10 area. She also complained about fingerprints on the railings on the steps and doors, dust on the vents, etc. Petty stuff. After she complained about the carpets, we rented a Rugdoctor and tried to clean them as much as possible. She then wanted to come inspect the carpets, but never ever gave me notice to do so and came in when nobody was there to inspect them. I didn't know about this til later.

So, I was on the phone w/ her discussing the carpet and move-date situation after we knew about our new apartment when she told me she had come on a day to inspect the carpets but never told me when and what time. I was irate and called her unprofessional. This upset her and she handed the phone to her husband who proceeded to cuss me out, threaten to get me kicked out of my new apartment, ruin my credit, make us stay the entire length of the lease, and basically physical violence. I was pretty shaken up after this. Things calmed down (me kissing her undeserving ass) and her and I sorted things out the next day through text messaging: moving out early was agreed to be Feb 11th. After that agreement, I asked if I could have it in writing and she said she would fax it over on Monday after they got back in town. Monday comes and she faxes me over an agreement that her husband put together (w/ a lawyer's help from the sound of it) and it says that if we want to move out on the 11th, we have to agree that the carpets are "completely destroyed" and we have to pay a proportionate amount of the replacing and sign it. She never gave a monetary value, just that damages would be calculated within 60 days. She has priced the new carpet and installation at $2500 for the whole townhouse with us not paying any of the top level, the entrance way of the main level, and the entire bottom level. Between my roommates, we'd be splitting in 3rds the main level, and my 1 roommate would be paying entirely for the bottom ($1000).

She told me before when I brought up professionally cleaning the carpets to save my $ and that they were going to be replaced anyway. It sounds to me (and everybody I've shared this with) that she has made some promise to the new owner about replacing the carpets. Since this letter, we've gotten the carpets professionally shampooed and they look really good (also took pics): upstairs was never an issue, the entrance way looks great (nothing more than normal wear and tear) as well as the rest of the main level, and the downstairs looks good.

This post has a few factors. First, it is entirely 1 roommate's fault for the downstairs and he knows this. side note: I dislike him greatly for a list of things too long to mention. If we replaced the carpet, my guess is that the cost would be around $1500 and that 1 roommate would be paying $1000 plus 1/3 of the entrance way. Our security deposit would cover this. I'd be out $400 of it minus the 1/3 of the entrance way and my 1 roommate would be paying me back over the course of like 6 months.

So in conclusion, should we just bend over and pay the landlord knowing full well that my 1 roommate will get the rotten (but justified) end of the deal? Or should we fight this thing because the landlord is out of her mind and the carpets have been cleaned the don't need to be replaced?

Cost breakdown:

1. Replace the carpets:
- save the rest of the month's rent (+$235)
- pay flat fee for cost of carpet (me: $150-200 and having my roommate pay me back for the amount that i have to cover him, probably $500)

2. Fight it and goto court
- pay the rest of the month's rent ($235)
- pay carpet cleaning ($120)
- stress about court ruling
- possibly get money back from court ruling

posted by focus to law & government (8 comments total)

Would the lease normally be up at the end of February? If the cost of just paying the full rent for the month less than the potential cost of new carpet replacement? If so, then say that you'll be retaining occupancy until the end of the month and that nobody can move in until the end of the lease. Your landlord would then have an irate friend/buyer on her hands and you would not risk bad credit reports for lease breaking.

Did you pay a security deposit? Because this is what it's for.
posted by robocop is bleeding at 1:49 PM on February 4

IANAL. Assuming the factual situation is exactly as it appears:

Document the carpets as much as possible with photographs , get your own estimates to make sure she's not screwing you, force her to give you an itemized receipt for anything she plans to deduct from your security deposit. This is as far as you can go as the carpeting unless you're feeling litigious and may work as a cost control measure. Don't sign anything indicating the condition of the carpets, because the factual state of them works in your favor. If there's no financial penalty w/r/t the other place for staying until your lease is actually up, do that.

If you do go to small claims court, you'll have pictures of the place that she will have to argue either aren't representive of the damage or aren't otherwise relevant - a difficult thing to do. I wouldn't bother trying to collect against the responsible roommate unless you're sure you can't avoid payment entirely. Sidenote: If you are ultimately responsible, make sure the payment plan, agreement, or settlement, indicates the proportions of financial responsibility you've laid out here.
posted by Inspector.Gadget at 2:19 PM on February 4

don't sign anything. you're right - they are trying to hose you. you have a written contract, stick to it and they will have no choice but to do the same. avoid any phone contact and write down exactly what the husband said and when. write as much as you can down in as great detail as possible regarding the whole situation because you will forget those details as time passes by.

chances are you will have to fight them in court to recover your deposit. stop writing about this here in case you are traceable and consult an attorney NOW.

I'd say you have decent chances getting out of the original, unchanged lease if you follow those steps.
posted by krautland at 2:28 PM on February 4

You could possibly sue for "landlord trespass", since she could only come in with your permission or to do emergency repairs.

Also, the landlord can't hold you responsible for "normal wear and tear". Whether your carpet fits into this. Maybe, maybe not. Colorado doesn't seem to have a really strong and fast rule on it, but what it comes down to is it's a rental property, it's going to look like a rental property until she does some work on it.

And oh, yeah. The new buyer might be on the hook for your lease
posted by fiercekitten at 2:41 PM on February 4

Ignore the agreement she sent you. Literally make no comment on it.

Fax her back a letter of understanding whereby she agrees to forfeit any damage claim to the newly-cleaned carpet and you agree to prematurely terminate, at her request, your lease as of 11 February 2009.

I AM NOT A LAWYER and for all I know the following could get you sued for all your worldly goods and your first born child. However, if the carpets are good to go and she's one of three people with an actual buyer in all of the US right now, and you are accommodating her sale, you are in the driving seat.

Dear Landlord:

Further to our previous conversations regarding 123 Main Street, we are willing to accommodate your request that we prematurely terminate our lease agreement with you as of 11 February, 2009 under the sole condition that no claim is made against any tenant, nor any funds witheld from the security deposit, in reference to the household carpets.

These carpets were professionally cleaned on DD MM 2009 by XYZ Carpet Cleaning; a copy of the receipt is attached, and I trust this resolves that matter.

You are welcome to come and inspect them on Friday, the 7th of February at 6 PM. Otherwise, please sign and return a copy of this letter to signify your agreement of the above so that we can make appropriate arrangements to vacate the premises.

Should we be unable to arrange a mutually agreeable understanding with regard to this matter by midnight on the 8th of February, please be advised that in accordance with the protections extended to us as tenants under Boulder law, we will see out the full duration of our lease with the new landlord, ending DD MM 2009.

Sincerely,

Focus MeFi
on behalf of Unfocused UnMeFi and Tinkerbelle Smartypants
posted by DarlingBri at 4:17 PM on February 4

You can try DarlingBri's letter if you like. I agree you should ignore her letter, which sounds like bullshit intimidation. It is HER who would have to prove excessive wear in court, not you that it was normal, and that's why she wants you to sign a piece of paper saying that. She knows she's in the wrong here and is trying to hustle you out with a sharp shove while grabbing at your wallet.

I would include in the letter a stern notice that under Colorado landlord-tenant law you are not required to pay for anything but XXXX (presumably normal wear and tear) and you have exceeded that standard. You then state that you expect your security deposit to be returned in full by YYYY or you will be forced to hire an attorney. Basically, a show of backbone may be all that's needed here.
posted by dhartung at 4:42 PM on February 4 [1 favorite]

She has a buyer for this property and she is, out of the goodness of her heart, going to replace the carpeting? Hmmmm, how to say this? Oh, I know -- NO WAY IN HELL is she going to run out and buy new carpeting for a property that she won't own in a few weeks! She's shaking you down.

Given the husbands behavior, part of me thinks a knife fight would be the appropriate response, but that part of me has been celebrating Sicilian Heritage Month for the past 25 years or so. Generally it only gets to decide pizza toppings.

The calmer portions of my head believe you can pretty much count on your land critter not behaving in a professional manner through any of this. Whether that's bluster and backing down or you're dealing with the kind of moron who might, oh, call the police and suggest that you are making meth in there, I can't say.

Were I you, I'd start by seeing whatever advice you can get from the city. I'd edit down your question to remove anything personal or subjective, print out a copy and take that with you. The bit with the husband is one of those things that is going to come down to your word against his, so how you want to deal with that is up to you.
posted by Kid Charlemagne at 6:55 PM on February 4

This upset her and she handed the phone to her husband who proceeded to cuss me out, threaten to get me kicked out of my new apartment, ruin my credit, make us stay the entire length of the lease, and basically physical violence. I was pretty shaken up after this.

If he actually threatened physical violence I would think a police report might be in order.
posted by 6550 at 5:01 AM on February 5