Comments on: Can my landlord keep my deposit if the carpet was ruined by a hurricane and we took it out? http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm Sun, 20 May 2012 17:07:02 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: electricbarb27 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm/comment-page-1#comment-7399 electricbarb27 Tue, 29 Dec 2009 02:22:39 +0000 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm#comment-7399 Hmm that's a good one. There's a few factors here to consider. One: Landlords are not responsible for damages to personal property in cases of storms, fire, flood, earthquake etc, renter's insurance is required to cover your property. However, they are responsible to repair any items they provide to the unit such as windows, carpet, appliances etc. and repair them if needed when damaged. You are not responsible for those types of damages as you did not break the window yourself or out of negligence. BUT did you report the window to management? Did you report the wet carpet and mildew smell? If you did not report this then it becomes negligence on your part, as you are responsible to inform management of damages caused by anything either by your fault or natural causes. If you do not report any damages, then you become responsible for not allowing management to make the proper repairs. Management should have repaired the carpet, but if it was not reported by you and you yourself removed the carpet, which I'm sure you lease states that you cannot make changes or alterations without consent in writing from management, then yes, legally you damaged the unit and he can keep your deposit to repair or replace the carpet. Hmm that’s a good one.

There’s a few factors here to consider. One: Landlords are not responsible for damages to personal property in cases of storms, fire, flood, earthquake etc, renter’s insurance is required to cover your property.

However, they are responsible to repair any items they provide to the unit such as windows, carpet, appliances etc. and repair them if needed when damaged. You are not responsible for those types of damages as you did not break the window yourself or out of negligence.

BUT did you report the window to management? Did you report the wet carpet and mildew smell? If you did not report this then it becomes negligence on your part, as you are responsible to inform management of damages caused by anything either by your fault or natural causes. If you do not report any damages, then you become responsible for not allowing management to make the proper repairs.

Management should have repaired the carpet, but if it was not reported by you and you yourself removed the carpet, which I’m sure you lease states that you cannot make changes or alterations without consent in writing from management, then yes, legally you damaged the unit and he can keep your deposit to repair or replace the carpet.

]]> By: Holly Golightly http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm/comment-page-1#comment-7400 Holly Golightly Tue, 29 Dec 2009 02:22:39 +0000 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm#comment-7400 I believe he is right. You should have contacted him and let him know of your situation. If you did do that and he didn't take any action, then no, he doesn't have the right to keep your deposit. I believe he is right. You should have contacted him and let him know of your situation. If you did do that and he didn’t take any action, then no, he doesn’t have the right to keep your deposit.

]]> By: goz1111 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm/comment-page-1#comment-7401 goz1111 Tue, 29 Dec 2009 02:22:39 +0000 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm#comment-7401 sue him in small claims court, hope you have some proof that the carpet was ruined from the water, he can not hold you liable for acts of god sue him in small claims court, hope you have some proof that the carpet was ruined from the water, he can not hold you liable for acts of god

]]> By: thelimetree http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm/comment-page-1#comment-7402 thelimetree Tue, 29 Dec 2009 02:22:39 +0000 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm#comment-7402 You are supposed to carry insurance to cover the cost of anything.....if not you pay for repairs baby! Why should the landlord? altho' he will have insurance too. You signed to return it in like condition except for normal wear and tear didn't you? So, say goodby to your deposit, how can you even think of getting it back? Many landlords will not rent until they see proof that you will take out insurance during your length of renting it. You are supposed to carry insurance to cover the cost of anything…..if not you pay for repairs baby! Why should the landlord? altho’ he will have insurance too. You signed to return it in like condition except for normal wear and tear didn’t you? So, say goodby to your deposit, how can you even think of getting it back?

Many landlords will not rent until they see proof that you will take out insurance during your length of renting it.

]]> By: Christopher L http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm/comment-page-1#comment-7403 Christopher L Tue, 29 Dec 2009 02:22:39 +0000 http://hurricanequestions.com/can-my-landlord-keep-my-deposit-if-the-carpet-was-ruined-by-a-hurricane-and-we-took-it-out.htm#comment-7403 Unfortunately your landlord is legally right. You should have contacted him to alert him of the damage. Didn't you do that to get the window fixed? The landlord was responsible for the repair of the window and the carpet. If you filed the information to him and he did not take the steps to repair the carpet, then you can file a complaint with the department of housing and take him to small claims court. The DOH can fine him for the violations, but small claims court could side with you even if you had taken the carpet out without letting him know. Did you replace the carpet with equittable carpetting? Who paid for that? Unfortunately your landlord is legally right. You should have contacted him to alert him of the damage. Didn’t you do that to get the window fixed? The landlord was responsible for the repair of the window and the carpet.

If you filed the information to him and he did not take the steps to repair the carpet, then you can file a complaint with the department of housing and take him to small claims court. The DOH can fine him for the violations, but small claims court could side with you even if you had taken the carpet out without letting him know. Did you replace the carpet with equittable carpetting? Who paid for that?

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