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Posted by Craig on October 22, 2001 at 19:14:10:

In Reply to: Re: Pay for Carpet replacement because of one stane. posted by don on October 22, 2001 at 17:52:49:

The 1158 was taken off my security. I can understand the clause in the lease to protect his property but this stain was about the size of a quarter and in one room. I don't feel it fair that a landlord can get away with charging a person for etire carpet replacement for a small stain in one room. The stain wasn't cat urine it was a few drops of dog urine from a submissive puppy.

I have talked to a lawyer and she says that I may have a case because the carpet was 2 years old and I am entitled prorate for 2 years, and I shouldn't be required to pay for the entire replacement. The lawyer told me this, "Microsoft could put 'We get your first born' in their license agreement, that doesn't mean it will hold up in court."

To be completely honest my old landlord had tried to evict me for putting up a satellite dish. I sent the eviction notice back with a copy of the Telecommunications Act of 1996 showing that he can't even require me to authorize it. I believe that he's is "getting back at me" for this by charging me the entire replacement. I have no way to prove this but looking at the size of the stain and all the other facts "fishy" is the word I would use.

Thanks for the responce.

Craig

: The Landlord has 30 days to inform you as to the cost of any damages, The landlord cannot charge you for this...

: But in any fishing expedition, he will try and maybe even sue you.

: Is this a bill from the landlord or a lawyer? Or is it from a court?

: If its from a court you must file an answer immediately, take tommorow off of work and go to the court house.

: If its a bill from the lawyer or landlord then research the laws of your state and find where a landlord has only 30 days to file a claim against you, and send a letter Certified Return Reciept( you want someone to sign for it) stating you are no longer responsible for the bill.

: Did you get your security back? It should have ben deducted from that.

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• Re: Pay for Carpet replacement because of one stane. J.F. 10/23/01 (0)

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Comments:
: The 1158 was taken off my security.  I can understand the clause in the lease to protect his property but this stain was about the size of a quarter and in one room.  I don't feel it fair that a landlord can get away with charging a person for etire carpet replacement for a small stain in one room.  The stain wasn't cat urine it was a few drops of dog urine from a submissive puppy.  

: I have talked to a lawyer and she says that I may have a case because the carpet was 2 years old and I am entitled prorate for 2 years, and I shouldn't be required to pay for the entire replacement.  The lawyer told me this, "Microsoft could put 'We get your first born' in their license agreement, that doesn't mean it will hold up in court."

: To be completely honest my old landlord had tried to evict me for putting up a satellite dish.  I sent the eviction notice back with a copy of the Telecommunications Act of 1996 showing that he can't even require me to authorize it.  I believe that he's is "getting back at me" for this by charging me the entire replacement.  I have no way to prove this but looking at the size of the stain and all the other facts "fishy" is the word I would use.

: Thanks for the responce.

: Craig

: :   The Landlord has 30 days to inform you as to the cost of any damages,  The landlord cannot  charge you for this...

: :  But in any fishing expedition, he will try and maybe even sue you. 

: :  Is this a bill from the landlord or a lawyer? Or is it from a court?

: :  If its from a court you must file an answer immediately, take tommorow off of work and go to the court house.

: :  If its a bill from the lawyer or landlord then research the laws of your state and find where a landlord has only 30 days to file a claim against you, and send a letter  Certified Return Reciept( you want someone to sign  for it) stating you are no longer responsible for the bill.

: :    Did you get your security back?  It should have ben deducted from that.


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