Legal Question in Landlord & Tenant Law in Washington

Carpet Replacement Charges

I broke my lease early with Autumn Chase apartments. I paid the early termination fee and $1207.74. I cleaned the apartment from top to bottom and they sent me a bill for carpet replacement stating Damage 3yr 6mo Carpet Life $1103.20. There were no tears in the carpet and no pet accidents so the only thing I could see is that it would have needed to be shampood. Im not a carpet expert but that is my opinion. I lived in the apartment for a year and a half so if they did replace the carpet can they really charge me for new carpet considering normal wear? The bill has been sent to a collection agencie as I am unemployed at the moment and can not afford 1135.46. They are charging .37 a day interest on top of that. I unfortunatley have no pictures to prove my point so its my word against theirs and i fear they have the upper hand. I need to know my options are at this point.

Thanks in advance


Asked on 6/04/09, 5:20 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Carpet Replacement Charges

Your options are not bright, but there are a couple of things you can do. First, you can dispute the charge by claiming the wear they are charging for is for normal wear and tear. Next, file disputes with all three credit reporting agencies that show the collection, indicating that there is no basis for the claim. (There is a lot more on this front that you should research and learn about in terms of how to protect yourself from false or inaccurate reports on your credit report, particularly from a prior landlord.)

Next, write to the landlord, by certified return receipt mail, and indicate that you dispute the charges, that you ask they prove them with photographic evidence, and that if they do not cease and desist with harassing you through a collection agency, that you plan to sue them for harassment.

If they send you photos, you decide what to do next. If the photos only show normal wear and tear (bear in mind that soiled beyond cleaning is not considered normal wear and tear) I think you literally invite them to sue you so that you can once and for all settle the matter. I caution you, if you are wrong, and it is beyond normal wear and tear, then you invite a judgment from a landlord on your credit, which is literally the kiss of death for future landlords who consider renting to you.

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Answered on 6/04/09, 5:43 pm


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