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Posted by TenantNet on November 08, 1998 at 12:00:24:

In Reply to: Re: Carpet posted by Melissa on October 26, 1998 at 13:34:46:

We haven't seen this list before, but it's a good start. But remember,
"wear & tear" vs. "damages" is not an absolute and is subject to dispute.
Normally it's a commen sense approach. Things wear down over time and
are expected to be be worn in normal usage. Things also break over time
and that does not constitute damages. Damages usually refer to intentional
acts or neglect, not normal usage. If this tenant paid for a pet, then
that covers any claim. You should remember the condition of the carpet
when you moved in, and also find out when it was installed. Chances are
it was several tenants prior to you. That is covered in normal repair
and maintenance, which is what the rent is for.

: Here's the definition of "Wear and Tear" and "Damages" that I found on the Internet when we were getting ready to move.

: Wear & Tear

: Worn out keys
: Loose or stubborn doorlock
: Loose hinges or handles on doors
: Worn and dirty carpeting
: Carpet seam unglued
: Scuffed up wood floors
: Linoleum worn thin
: Worn countertop
: Stain on ceiling from rain or bad plumbing
: Plaster cracks from settling
: Faded, chipped or cracked paint
: Loose wallpaper
: Balky drapery rod
: Faded curtains and drapes
: Heat blistered blinds
: Dirty window or door screens
: Sticky window
: Loose or inoperable faucet handle
: Toilet runs or wobbles
: Urine odor around toilet
: Closet bi-fold door off track

: Damages

: Lost keys
: Broken or missing locks
: Damage to a door from forced entry
: Torn, stained or burned carpeting
: Rust or oil stains on carpet
: Badly scratched or gouged wood floors
: Linoleum with tears or holes
: Burns and cuts in countertop
: Stain on ceiling from overflowed tub
: Holes in walls from kids or carelessness
: Unapproved (bad) tenant paint job
: Ripped or marked-up wallpaper
: Broken drapery rod
: Torn or missing curtains and drapes
: Blinds with bent slats
: Torn or missing screens
: Broken window
: Broken or missing faucet handle
: Broken toilet seat or tank top
: Urine or pet odor throughout unit
: Damaged or missing bi-fold door

: As you can see, worn carpet falls under wear and tear, but Urine or pet odor throughout the unit falls under damages. The LL should have given you a written list of the damages. The damages must be specific, not general. If the work to correct the "damages" has not been performed, than you should have gotten a "good faith estimate". I would ask the LL if he had a "professional" look at the carpet first. Was a black light used to detect cat urine stains on the carpet? Ask to have the carpet cleaned instead. There are several carpet cleaners and stain removers available made for removal of pet urine. What did your lease say about your pet deposit? Did it state that this would cover any pet accidents? The LL very well could be using this as an excuse to get new carpet. I know of someone who went through the same thing. Funny thing was, she didn't even have a cat or a dog. The judge ruled in her favor. Good Luck!

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Comments:
: We haven't seen this list before, but it's a good start. But remember,
: "wear & tear" vs. "damages" is not an absolute and is subject to dispute.
: Normally it's a commen sense approach. Things wear down over time and 
: are expected to be be worn in normal usage. Things also break over time
: and that does not constitute damages. Damages usually refer to intentional
: acts or neglect, not normal usage. If this tenant paid for a pet, then
: that covers any claim. You should remember the condition of the carpet
: when you moved in, and also find out when it was installed. Chances are
: it was several tenants prior to you. That is covered in normal repair
: and maintenance, which is what the rent is for.

: : Here's the definition of "Wear and Tear" and "Damages" that I found on the Internet when we were getting ready to move.

: : Wear & Tear 

: : Worn out keys
: : Loose or stubborn doorlock
: : Loose hinges or handles on doors
: : Worn and dirty carpeting
: : Carpet seam unglued
: : Scuffed up wood floors
: : Linoleum worn thin
: : Worn countertop
: : Stain on ceiling from rain or bad plumbing
: : Plaster cracks from settling
: : Faded, chipped or cracked paint
: : Loose wallpaper
: : Balky drapery rod
: : Faded curtains and drapes
: : Heat blistered blinds
: : Dirty window or door screens
: : Sticky window 
: : Loose or inoperable faucet handle
: : Toilet runs or wobbles
: : Urine odor around toilet
: : Closet bi-fold door off track

: : Damages

: : Lost keys
: : Broken or missing locks
: : Damage to a door from forced entry
: : Torn, stained or burned carpeting
: : Rust or oil stains on carpet
: : Badly scratched or gouged wood floors
: : Linoleum with tears or holes
: : Burns and cuts in countertop
: : Stain on ceiling from overflowed tub
: : Holes in walls from kids or carelessness
: : Unapproved (bad) tenant paint job
: : Ripped or marked-up wallpaper
: : Broken drapery rod
: : Torn or missing curtains and drapes
: : Blinds with bent slats
: : Torn or missing screens
: : Broken window
: : Broken or missing faucet handle
: : Broken toilet seat or tank top
: : Urine or pet odor throughout unit
: : Damaged or missing bi-fold door

: : As you can see, worn carpet falls under wear and tear, but Urine or pet odor throughout the unit falls under damages.  The LL should have given you a written list of the damages.  The damages must be specific, not general.  If the work to correct the "damages" has not been performed, than you should have gotten a "good faith estimate".  I would ask the LL if he had a "professional" look at the carpet first.  Was a black light used to detect cat urine stains on the carpet?  Ask to have the carpet cleaned instead.  There are several carpet cleaners and stain removers available made for removal of pet urine.  What did your lease say about your pet deposit?  Did it state that this would cover any pet accidents?  The LL very well could be using this as an excuse to get new carpet.  I know of someone who went through the same thing.  Funny thing was, she didn't even have a cat or a dog.  The judge ruled in her favor.  Good Luck!


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