Landlord charging me for carpet because of smell...

Discussion in 'Growing Marijuana Indoors' started by slimjimham, Aug 8, 2011.

  1. #21 Verdurous, Aug 8, 2011
    Last edited by a moderator: Mar 15, 2016
    Oh, I figured this was after that. I don't get the problem then. If she's keeping the deposit based on damage, it's her right to do so. She isn't "charging" the op then. lol
     
  2. The current tenants signed and accepted their lease, and the apartment, as-is. They have little say whether they want improvements at this point, unless something is actually hazardous in the home. And if that's the case it's between them, and the landlord.


    The OP doesn't necessarily need to admit to growing, smoking or anything of the kind; all their meds may have been edible (non-odor producing) and made by a caregiver or purchased at a clinic.


    Normal wear-and-tear laws in nearly every state, insist that carpeting is the landlords issue. After every 5 years, carpet replacement at the landlords expense is required by law in many cases. If the landlord actually feels 'drugs' are an issue, they could be held liable for knowingly renting the apartment after obviously having a chance to inspect. It doesn't look good for the landlord, if she files a complaint after new tenants are already occupying the residence.

    She has no right to withhold a security deposit, for items which are legally the landlords responsibility.

    The only way to get the deposit back, is to stick your ground, insist you've done nothing wrong, and take your landlord to court if necessary. She's trying to get you to cover wear-and-tear expenses, that are in the eyes of the law, quite obviously, legally her responsibility. (Again, in most locations... google the 'tenant/s rights' for your area.)

    If you get back a $500 security deposit you were never going to see again, in exchange for only $50 - $200 in legal fee's, you've done well. And if you're a legal medical patient you're already on record somewhere, so you may as well stick up for and use the rights you've earned.
     
  3. OK, I didn't know that about carpet having to be replaced every 5 years.

    Even if he goes to court and wins, it still sounds incredibly awkward to go in front of a judge and argue that his landlord claiming his old house smells like pot isn't his responsibility. You couldn't pay me to do that, lol.
     
  4. I totally agree with BadKitty. Especially if there is a law in the OP's state, or even an industry standard, that the carpet is due for replacement by the landlord, then whether or not there is an odor is irrelevant, in which case the cause/source of any alleged odor also is irrelevant.

    The OP lived there 5 years, so the carpet is at least that old -- was it new when he moved in? Maybe it's 7 or even 10 years old...
     
  5. Sorry if I was a Debbie Downer yesterday. So what would be your course of action of this was your apartment? Would you demand your deposit back and take her to small claims court over it?

    I wouldn't ever want to take it as far as court, but it's possible that if you show her a copy of the laws/codes regarding renters agreements & carpet replacements and threaten her with small claims court, she might back down. Good luck man.
     

Share This Page