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View Full Version : PA Security Deposit Dispute---damage or wear and tear?


zakiamoore
03-03-2006, 07:41 PM
My roommate and I moved out of an apartment in January 2006. Towards the end of February, my roommie called our former apt management about our last electric bill. They said we had a credit and we didn't have to pay it. Then they said there was a problem with the carpet. My roommate and I both inspected the carpet on which there is a discoloration in front of the area where the TV stand was. We have no idea what caused it. They had the nerve to suggest that we may have bleached it! We finally receive a letter and a check. The letter states that our security deposit has been deducted for the amount of the final electric bill and $613.89 for "damage assessment" to the carpet. I am aware of PA law and that they must provide an itemized list of damages and can deduct the cost of repairs. From what I can tell, the "damage assessment" is just that, an assessment and not cost of repair. Furthermore, I believe whatever the cause of the discoloration is through no fault of my own or my roommate, I submit that the discoloration is a result of normal wear and tear and the result of cheap carpet.

We are going to send a demand letter for our entire deposit. If we dón't get it back, we are going to small claims court. What are our chances? I have pictures of the carpet discoloration. AND they would have to replace the carpet anyway b/c the apt flooded twice during our stay and the hallway carpet is shot.

love it hate it
03-05-2006, 06:48 PM
My roommate and I moved out of an apartment in January 2006. Towards the end of February, my roommie called our former apt management about our last electric bill. They said we had a credit and we didn't have to pay it. Then they said there was a problem with the carpet. My roommate and I both inspected the carpet on which there is a discoloration in front of the area where the TV stand was. We have no idea what caused it. They had the nerve to suggest that we may have bleached it! We finally receive a letter and a check. The letter states that our security deposit has been deducted for the amount of the final electric bill and $613.89 for "damage assessment" to the carpet. I am aware of PA law and that they must provide an itemized list of damages and can deduct the cost of repairs. From what I can tell, the "damage assessment" is just that, an assessment and not cost of repair. Furthermore, I believe whatever the cause of the discoloration is through no fault of my own or my roommate, I submit that the discoloration is a result of normal wear and tear and the result of cheap carpet.

We are going to send a demand letter for our entire deposit. If we dón't get it back, we are going to small claims court. What are our chances? I have pictures of the carpet discoloration. AND they would have to replace the carpet anyway b/c the apt flooded twice during our stay and the hallway carpet is shot.

sounds like that is the itemized list hes just not going into specific damages just overall damage to the carpet, ask him what does that mean

zakiamoore
03-06-2006, 07:23 PM
But the statute and the lease specifically state that the landlord can be reimbursed for repairs, but no repairs have been made.

The landlord made us pay extra rent b/c when we moved in the apartment was used as an office and there was flat indoor/outdoor carpet and we requested the standard carpet in the rest of the apartments. Now we have to continue to pay for the carpet? Do we have any chance of suceeding in small claims court if we can show that we did not cause the discoloration?

Moreover, the person who made this "assessment" did not even look at the carpet. The only person who saw the carpet was the apartment manager. Is there any recourse, we didn't do anything to discolor the carpet? We are v. v. frustrated because we had a lot of problems with the apartment and just want to be free and clear of this place.

love it hate it
03-07-2006, 03:33 PM
But the statute and the lease specifically state that the landlord can be reimbursed for repairs, but no repairs have been made.

The landlord made us pay extra rent b/c when we moved in the apartment was used as an office and there was flat indoor/outdoor carpet and we requested the standard carpet in the rest of the apartments. Now we have to continue to pay for the carpet? Do we have any chance of suceeding in small claims court if we can show that we did not cause the discoloration?

Moreover, the person who made this "assessment" did not even look at the carpet. The only person who saw the carpet was the apartment manager. Is there any recourse, we didn't do anything to discolor the carpet? We are v. v. frustrated because we had a lot of problems with the apartment and just want to be free and clear of this place.

if you can show proof you did not cause the discoloration or that he hasnt repaired the carpet. do you have pictures? if you can prove you had a credit and not owe an electric then sue.

zakiamoore
03-08-2006, 06:16 AM
Thanks for the advice. I definitely have pictures of the discoloration and the rest of the apartment. I have the accounting from the company, but don't understand it at all, I don't even really care if there was a credit, but to debit the security deposit was just wrong when we called for the amount clearly showing we fully intended to pay any monies owed.

Does this type of thing happen often? I've had 3 apts and never experienced this. Also, the apt company knows my roommate and I are both attorneys! I would think they wouldn't want the trouble.

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