Landlord/Tenant Carpet Dispute! Raaar!

June 8, 2006 6:56 PM

Oregon Landlord/Tenant LawFilter Help: I moved out of an apartment three months ago. I received a collection notice a few weeks ago, billing for replacement carpet. Help!

I talked with the previous manager in December. She had reassured me that the carpet would be replaced no matter what when I moved out, and she put a note to that effect in my file. No, I don't have a copy of that note, so I have nothing in writing... yes, stupid me. I didn't count on her getting moved or fired as of the first of this year. So we weren't as careful as we could've been when we painted, and some paint got on the carpet. No problem... it was going to be replaced, right?

I moved out the first week of February, and the manager was snapping at my heels for me to get out. They entered my unit after I had moved out but before the 30 days was up, and before I had turned my keys back in. (Of course, I have no real proof of this either...)

I received my security deposit back in late February, and then nothing. Until the last week in May, when I received a collections notice from a company naming my old apartment community as the creditor. I wrote my old apartment community, and they said it was for the carpet. But I hadn't received a letter, monthly bills, or any other communication from them.

Isn't there some time limit in which they need to notify me of a debt like this? They said they sent me a letter detailing the debt the day after they sent my deposit check, but I never received it, so I obviously have my doubts.

The apartment was a problem from the day I moved in, by the way. They hadn't cleaned or shamppoed the carpet, and I spent two days of my time making the place habitable after the renovations they'd done.

Besides "Laywer Up", which I'm reluctant to do right away because of cost and the distance involved (Dispute is in Oregon, I'm now in Texas), what are my options? The collections company, even though I've sent them a letter stating that the debt is in dispute, is exceptionally aggressive and has been calling me at mealtimes.

Hints/Suggestions? Thanks in advance.

posted by SpecialK to law & government (11 comments total)

Tell them not to call you any more.

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

Ignore the sleazebag landlord. They're just trying to get you to pay for the carpet. The fact that they sent you your deposit indicates they had no problem with the condition of the apartment at time of checkout. Ignore. Nothing more will come of it.
posted by jellicle at 7:13 PM on June 8, 2006

I see you are in College Station. Brush up on your Tenant Rights for Texas.

Basically, over 30 days has passed since you moved out AND they already returned yours security deposit. This doesn't mean you can just ignore the issue, however.

Send a certified letter to the management company as well as the collections agency quoting some of the law related to this (from that website) and an explanation that too much time has passed.

You will also find these dispute tactics and letters useful. They're meant for people trying to fix credit problems but they do sort of apply in this case, especially since it is a creditor who is now involved.
posted by lockle at 8:44 PM on June 8, 2006

lockie - the dispute is in Oregon, where I moved from. Do you have a similar resource for Oregon?
posted by SpecialK at 9:52 PM on June 8, 2006

Here is the Landlord-Tenant Rights page from the Oregon Bar. Hopefully, it will have the information you need.
posted by miss meg at 12:20 AM on June 9, 2006

Document everything you do, because you don't want this nuisance on your credit report. Sadly, the fear of a bad credit report makes some people pay sleazy bills like this.
posted by theora55 at 4:57 AM on June 9, 2006

From that Oregon Bar page posted by miss meg:

Your landlord has to return your deposit within 31 days of the end of your rental agreement. If your landlord keeps any part of your deposit, he or she must notify you in writing and tell you why. This notice must be personally delivered or mailed within 31 days.

This is pretty straightforward - if a landlord wants to charge you, he keeps that amount, sends you the rest of the deposit and a description of what and why within 31 days of you moving out.

This landlord probably did a cursory inspection, found nothing objectionable, and sent back the whole deposit within 31 days to meet the statutory requirement. After doing so, they realized that they should have tried to offset the carpet work by billing you for it (many people would just shrug it off and move on). But since they'd already sent back the deposit, the only recourse they had left was a collection agency - since many people would be intimidated enough to pay.

You seem like you're being pretty reasonable about the situation - which is good. Stay calm, and do some homework. You can find the Oregon statutes online, and a quick browse through them should find you a few that are relevant to this. (If you want some help interpreting them, post back here with some links and statute numbers). After you've found a few that seem to govern, I would recommend that you write a polite but firm letter to the landlord (and CCing the collection agency if possible) indicating that this charge is barred by Oregon statute and you want the collections agency stopped and no charges on your credit report. Include statute citations and quotations of the relevant language. Send this with signature required and return receipt to both places. Also, keep a copy of the letter for yourself.

If that response doesn't get what you want (within 30 days), look for legal help. It shouldn't require much work, so you shouldn't have to pay more than a couple hundred bucks. You might even find some legal-aid type help, if you are a student or otherwise qualify for some pro bono work. I know you don't want to pay, but I'm sure you'd rather pay a lawyer a little bit now rather than pay for the carpet (or trying to get something removed from your credit report a few years from now - let alone its affect on your credit rating).

To sum up: look up Oregon landlord-tenant statutes, then send a polite but firm letter.
posted by MrZero at 7:05 AM on June 9, 2006

i wouldn't bother with a certified letter to anyone. tell the collections agency to provide some kind of written proof that this debt is yours, otherwise tell them it's not. also tell them to handle any future correspondence in writing only. maybe get a fax number for the credit agency to fax them a cease and desist letter.

if it ends up on your credit reports, then dispute them.
posted by lester at 7:08 AM on June 9, 2006

This might help a bit. I would argue that the carpet "damage" was "ordinary wear and tear." Basically, as long as the carpet was pretty crappy when you moved in, and you only made it a little bit more crappy, then it's no problem. Check the rest of the statutes linked to make sure it applies to your fact situation.

I am not a lawyer, by the way, and this is not legal advice. (It's merely procrastination for studying for the bar exam!)

Oregon Revised Statutes - 2005.

Chapter 90. Residential Landlord and Tenant.

90.300 Security deposits; prepaid rent.

(5) The landlord may claim from the security deposit only the amount reasonably necessary: (a) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and (b) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.

(9) Upon termination of the tenancy, a landlord shall account for and refund to the tenant the unused balance of any prepaid rent not previously refunded to the tenant as required by ORS 90.380 and 105.120 (4)(b) or any other provision of this chapter, in the same manner as required for security deposits by this section. The landlord may claim from the remaining prepaid rent only the amount reasonably necessary to pay the tenant’s unpaid rent.

(10) In order to claim all or part of any prepaid rent or security deposit, within 31 days after the termination of the tenancy and delivery of possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.

(11) The security deposit or prepaid rent or portion thereof not claimed in the manner provided by subsections (9) and (10) of this section shall be returned to the tenant not later than 31 days after the termination of the tenancy and delivery of possession to the landlord.

(12) The landlord shall give the written accounting as required by subsection (10) of this section or shall return the security deposit or prepaid rent as required by subsection (11) of this section by personal delivery or by first class mail.
posted by MrZero at 7:27 AM on June 9, 2006

*nod* the issue here is that they didn't claim any part of the security deposit, they returned it to me... and all of ORS 90.300 is about what happens when the landlord holds *on* to the deposit.

Actually, ORS is the first place I looked before posting help here. I used to work for a divorce attorney.
posted by SpecialK at 8:34 AM on June 9, 2006

Right, I realize that they didn't claim part of the security deposit. What I'm saying is that by returning the security deposit without giving you a described charge for the carpet within 31 days, they've waived their right to come after you for a carpet repair charge. Otherwise, landlords could return your paltry deposit within the statutory time frame, then pretend like the statutes don't apply and send you gigantic bills for repairs and hope the collection agency pays off. Like I said, I'm not an Oregon lawyer, perhaps you should call up your former employer for a recommendation to a phone consult with a real estate attorney.
posted by MrZero at 8:52 AM on June 9, 2006

Ok, thanks. It's clear now. Letter's being dispatched.

I was actually my previous employer, but I have a good line on a couple of lawyers if I need them. Thanks!
posted by SpecialK at 9:16 AM on June 9, 2006