Carpet Replacement Issue?

[Jammin]

What is the name of your state (only U.S. law)? AL - Huntsville

I lived at an apartment for 2 years never been late and left on good terms.

I did a final walk through and it was found that I had two spots on the carpets.

I am now being charged for prorated carpet replacement though the carpet had damages that were from a leaking water heater. I feel as though I am being charged a bill though they would have had to replace the carpet anyway.

The issue now is - this complex refuses to discuss any of this with me as they say my 30 days to pay the bill (which I never got) has passed and its being passed on to to law firm for collections - so I need to speak with them.

The law firm cannot answer all my questions - though I was told they would do the back and forth with their client !

I need some advice...because though I had the stains - I do not believe I should have to pay for carpet replacement when they (the complex had major carpet issues) that would probably warrant them changing the carpet anyway. I did not a get a bill and it turns out they probably mailed one but it did not get to me because there was no apartment # on the mailing - and they now claim I never gave them a proper address - which is false and can be proven. I really need to sue these crooks and need to know how to go about it.

NOTE - this is a mere synopis of the whole issue.What is the name of your state (only U.S. law)?

 

[atomizer]

If you had a bad water heater that was leaking and your failed to notify management, then the damage can be attributed to your neglect.

 

[justalayman]

I presume the spots could not be cleaned. Would that be a correct assumption?


is the damage you caused in the same room as the water heater damage? Any idea how old the carpet is? Are they attempting to charge you full costs or a pro-rated amount of the replacement costs?

alabama law on depsosits:

b) Upon termination of the tenancy money held by the landlord as security may be applied
to the payment of accrued rent and the amount of damages which the landlord has suffered by reason
of the tenant’s noncompliance with Section 3.101 all as itemized by the landlord in a written notice
delivered to the tenant together with the amount due 21 days after termination of the tenancy and
delivery of possession and demand by the tenant.

(c) If the landlord fails to comply with subsection (b) or if he fails to return any prepaid
rent required to be paid to the tenants under this Act the tenant may recover the money due him plus
damages in an amount equal to the amount wrongfully withheld and reasonable attorney’s fees.

(d) This section does not preclude the landlord or tenant from recovering other damages
to which he may be entitled.

(e) The holder of the landlord’s interest in the premises at the time of the termination of
the tenancy is bound by this section.

it would appear the LL has 21 days to present a bill and return any unused deposit but the law also states that this section of the law also does not prevent the LL from collecting on other damages. That means that even if he did not send you your deposit or submit a bill to you within the 21 days, it does not prevent the LL from taking action to claim his damages.

explain the water heater situation.