Question
Can I be charged for a carpet replacement if the roof caved in?
Two weeks before I moved out of my last apartment the roof caved in because the water heater in the apt above me flooded. They didn't want to do anything about the carpet but after much complaints they tacked it back down to the floor and shampooed it. They wouldn't let me out of my lease even though I couldn't stay there. I just gave in and paid the last two weeks of rent and water. Now I get a bill for $189 to replace the carpet, stating it was stained due to age. I lived there for two years. I took pictures of the carpet before I left. Can they really charge me for this? If I have to go to court who do I contact. It was in Fort Worth.
5 months ago - 5 answers
Best Answer
Chosen by Asker
They can not charge you for stains due to "age", if the carpet was old that's not your fault. I would also argue that the roof collapse caused the "stains". I would definitely take this court (small claims department). You can write your landlord a letter stating that if you do not receive your full deposit within 2 weeks you will file a lawsuit for the deposit AND the 2 weeks that they ripped you off.
by Muschi
5 months ago
Asker's Rating: 
Other Answers
They should really be flipping the bill, since it is not your fault on what happened. I could see if it was your fault that you would need to pay, but not if it wasn't your fault.
by mtwaites- 5 months ago
Write them a letter explaining why you will not pay the bill, and keep it as short as possible. Mail it to them certified with a return receipt, and save a copy of the letter for your files. Then forget about it. Making threats won't help, and filing a court claim is a waste of time and money. Let them pay the fee for small claims court if they want to go there. You'll win in court so let them pay that bill, too.
by Buyer's Agent 80228- 5 months ago
NO. Their insurance company is paying for this. Plus how would they know it was stained at this point.
by real estate guy- 5 months ago
It sounds like they are hoping you will just pay the bill without questioning it. From what you wrote, it sounds like they didn't handle that situation properly, then to add insult to injury, they send you a bill for $189. I'll bet you're glad you moved out of there. You should contact the manager and ask why they sent you a bill for this after all that happened. If you don't feel that you should have to pay this bill, then let them sue you in small claims court. You can show your pictures, tell the court your side of the story, and you will probably prevail. They may not pursue this at all if they don't think they have a very good case. Good luck.
by cookinkvn- 5 months ago