My boyfriend and I lived in a 900sq ft luxury apartment for two years from 2020-2022 - no pets or children and non-smokers. The apt opened in 2020, so we were the first and only tenants in our apartment unit. We were perfect residents and loved living there (including being called the leasing office's favorite), so we fully expected our security deposit back minus some fees for water, etc.

To our surprise, we got hit with a $700 bill for carpet replacement! In the entire unit, there was only carpet in the master bedroom and walk-in closet, which we maintained and cleaned thoroughly upon move out. So much cleaning, in fact, that someone could have immediately moved in!

Went back and forth with the management company, submitting photos and expressing our grievance about this, and they are saying the charge still stands. Is there anything I can do in this scenario? Does small claims court make sense?

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BornFightingJS t1_j5gvitn wrote on January 22, 2023 at 10:36 PM

I got confirmation that you can reach out to the Fair Housing Advocacy Center of Maryland for help. https://www.fairhousingmd.org/housing-inquiry-form/

nartarevs OP t1_j5h01i8 wrote on January 22, 2023 at 11:05 PM

Thank you very much! Looking into it now.

I didn't include this in my original post, but the apartment management company says the usual lifespan of carpet before needing to be replaced is 5 years/60 months. I lived there for 2 years/24 months. Hard to believe I did five years of damage in that time. They are very clearly trying to take advantage of me.

Woodpecker_Guilty t1_j5hht84 wrote on January 23, 2023 at 1:06 AM

Then they can legally only charge you for 3 years of that carpet

splenicartery t1_j5id7gl wrote on January 23, 2023 at 5:08 AM

They’re not allowed to charge you for normal wear and tear. I would fight back with small claims court, tenant laws in Maryland are protective and should be in your favor.

BornFightingJS t1_j5h3gsq wrote on January 22, 2023 at 11:28 PM

Agreed. Good luck!!!!!!

koei19 t1_j5h4x6e wrote on January 22, 2023 at 11:38 PM

Small claims is the way to go, especially with the evidence you have. You can get free legal advice at the courthouse and filing costs around $50, which you can include in your suit. No lawyers are necessary, just show up and make your case on the date the court assigns. In some cases you can be eligible for triple damages, though I'm not sure that applies in this case.

nartarevs OP t1_j5h9f1n wrote on January 23, 2023 at 12:09 AM

Thank you! I have photos from the day we moved in (timestamped) and the day we turned in our keys (also timestamped), as well as a paper email trail of our contesting/grievance against the charges.

They sent us photos back, where the lighting was indeed bad, but did not show any clear damage.

mynamesafad t1_j5h9uzz wrote on January 23, 2023 at 12:12 AM

Another option would be Office of Consumer Protection

https://www.howardcountymd.gov/consumer-protection

rpg36 t1_j5hzqho wrote on January 23, 2023 at 3:13 AM

A relative of mine is a retired MD state judge. We've talked about rent laws and things like this before. Have they given you an itemized receipt? They are required by law to give you a receipt for the actual costs of any expenses if they are docking your security deposit. If they won't give you a receipt take them to small claims court. Same relative said a lot of times even the threat of suing is enough for them to back down. It's more expensive for this big companies to go to court than to just settle.

Woodpecker_Guilty t1_j5h6ffm wrote on January 22, 2023 at 11:48 PM

A carpets life is 5 years so I'd make sure that if they are charging you, they are pro-rating it but it doesn't seem they are. I'd ask for damage photos and then dispute it.

nartarevs OP t1_j5h9jqc wrote on January 23, 2023 at 12:10 AM

They did send us damage photos, nothing is evident in them at all (though they sent it in shitty lighting to make it look bad).

I have photos from the day we moved in (timestamped) and the day we turned in our keys (also timestamped), as well as a paper email trail of our contesting/grievance against the charges.

Your comment has given me the idea to confirm if this the full replacement charge or a prorated fee. Thanks!

Woodpecker_Guilty t1_j5hi1pn wrote on January 23, 2023 at 1:08 AM

Also $700 just for a master bedroom and carpet is far too high.

bizbiz23 t1_j5hnlb7 wrote on January 23, 2023 at 1:47 AM

Sorry this is happening to you. I'd blast the hell out of them (tactfully) on every review site you can find. Include your pictures and theirs and warn others about renting there. They may change their tune really fast.

BornFightingJS t1_j5gqqbj wrote on January 22, 2023 at 10:06 PM

I’ll do some asking around and see if I can get some info for you. That sounds like bullshit.

gravybang t1_j5ib4it wrote on January 23, 2023 at 4:49 AM

They are required by law to provide you with an itemized receipt of the damages.

>If the landlord keeps the security deposit to pay for damage, the landlord must provide an itemized statement of costs. The statement must include supporting documentation. The landlord may provide an estimate. If an estimate is provided, the landlord must notify the tenant (in writing) when the repairs have are complete. This notice should include final invoices for repairs. If the final cost is less than the amount of security deposit withheld, the landlord must return the excess to the tenant. The excess must be returned within 30 days after the repairs are complete.

So they can't just claim a number. And when they provide an invoice - it should have receipts attached for the replacement carpet and installation. Not just what they say it cost - but an itemized cost.

Also - The landlord can only charge for physical damage beyond ordinary wear and tear. This is a common sense rule. For example, if the carpet is worn through proper usage, then this is ordinary wear and tear. If a rug is stained with ink, then this is not ordinary wear and tear. If there is no visible damage in photos, then they can't claim otherwise.

Finally, if the landlord withholds any part of the security deposit, the landlord must send to the tenant, by first class mail, to the tenant’s last known address, a written list of the damages the landlord claims, together with a statement of costs the landlord has actually spent to make the repairs. If the landlord fails to do this within 45 days after end of the lease, the landlord loses the right to keep any part of the security deposit for damages.

gcizzlin t1_j5i552v wrote on January 23, 2023 at 3:57 AM

I am actually fighting something similar right now after moving out of an apartment and charging a bogus fee - take a look at MD Statue §8–203, specifically (g)(1) & (2) - https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-203

Depending on when and how they notified you of withholding (greater than 45 days), you may have an easy case in small claims court.

Good luck.

IllustriousAd4612 t1_j5i3glr wrote on January 23, 2023 at 3:43 AM

Sidenote: now I’m concerned since we probably live in the same crappy building and we have been here 2 years. Good luck…will be using this thread as reference.

Secret-Vee t1_j5kfx05 wrote on January 23, 2023 at 5:21 PM

I REALLY wanna see how this turns out! I know I will likely be needing to use the links in this post some time in the future as well. I wish you the best of luck.

Edit: spelling.

inline4addict t1_j5kleji wrote on January 23, 2023 at 5:55 PM

This happened to me renting an apartment in Ellicott City 10 years ago. Sadly, I couldn’t get it resolved and paid $1,400 for carpet replacement. I had a 2 bedroom and every room, except for kitchen and bathrooms, was carpeted.

I prevented this from happening by scheduling a walkout with the leasing office. I refused to turn in the keys unless I gave it to the leasing manager after the walkout. All paperwork is signed at the meeting.

Another apartment complex tried to pull the same thing on me, but I referenced the paperwork the manager signed during the walkout and they backed off.

Hale_Realtor t1_j5piaec wrote on January 24, 2023 at 5:46 PM

Do you have a licensed Realtor? They should be able to provide you info to help direct you in the right direction too.

You should read the security deposit section of this Maryland government website..

https://www.marylandattorneygeneral.gov/Pages/CPD/landlords.aspx#deposits

Whether or not you follow through with small claims, then you should report them the Maryland Attorney General since you have picture proof of the carpet being clean. https://www.marylandattorneygeneral.gov/Pages/Complaints/landlordtenant.aspx

Disclosure I am not a lawyer, so you should seek legal advice still Although if it was me, then before I reported them, I would give them 1 last warning, by emailing them and getting a tough with them. Its best to stick to emails in situations that could become legal, so you have written proof of what you said and what they said. This helps further your case in court.

I would let them know that if they do not fully refund the money within a week, then you will be reporting them to the Maryland Attorney General (provide the link in the email so they see you know how to do it), and that I would then file in small claims court.

Then I would remind them... that I have photo proof of the carpet being clean, so if they continue to refuse to do the right thing, then they will not only still lose the $700 in court anyways, but will also lose more money from the legal process, plus the state of Maryland might even investigate you after our report. So I would tell them if you want to save yourself money, time, and your reputation, then I highly recommend you refund the $700 immediately.

Sometimes, unfortunately, you have to be a little aggressive in legal terms when someone is trying to take advantage of you. It helps that side realize that you're not only going to fight it, but that you also know how to fight it so you get your money back. But I hope things work out the easy way and they just agree to give it back after an email like that.

You're welcome to message me too. Although I can't give legal advice, I'm happy to help to give tips on how to avoid this in the future.