AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question We have irreparable carpet damage from a pet in our apartment of one year. We have no qualms about paying the necessary fees. Nevertheless based on my research (although limited) we should be able to use the carpet lifetime's and normal replacement age in our negotiations.
My question is: Are complexes required by law to keep a record of each apartment's carpet replacement? In other words they cannot just say it was new carpet when you moved in unless they had written documentation? In addition refundable pet deposits and other refundable deposits should (if no other damages are incurred) be allowed to negate the corresponding portion of the cost.
Thanks for your time.
Answer There are no laws regulating how one runs the daily aspects of their business (thank god). Pet deposits are meant to offset damages, but like a regular deposit, if you destroy the place, do not think for a second that a simple security deposit covers thousands of dollars in damage.
Your arguments are for a Court of law. If the landlord says it is new, and it was new when you moved in, your are going to be found responsible. All that you are now debating is the cost of replacement.
