I’m getting my deposit back from The Regatta…
The Saga:
I moved out when I moved out – whenever that was…the end of June, I believe.
4 weeks later, I got a bill in the mail for some $484. (!)
$77 for the replacement of the stove drip pans, a broken blind, a couple of other minor things…and a CRAPLOAD of money for replacing the carpet. (!)
OK, Miss Kitty had barfed her (mostly red) cat food here and there (on the cream colored carpet), and I cleaned the carpet where she had in the bedroom, the bedroom closet, and the dining room. I left the living room for Colorado Carpet Cleaning to do. (I was able to do it with a Bissell “Little Green Machine” consumer-grade carpet cleaner, CCC should be able to do it with a BIG VAN FULL OF STUFF, right?)
Their Letter (Summarized)
Please Pay Us $484, or We’ll Send You To Collections.
Regarding the replacement of the carpet in Unit 19-203 at The Regatta property in July of 2005, I must say that I suspected in advance that you would replace the carpet in the unit needlessly, and attempt to charge me for said replacement. As a proactive defense against the possibility that you might take this action, before vacating the apartment, I took digital photographs of:
1.) Every location of minor staining of the carpet over the course of the year that I resided in this unit. Said staining was primarily a result of my cat’s “Hairballing” occasionally, as cats are prone to doing.
2.) The carpet cleaning machine (Bissell “Little Green Machine” with Bissell “Little Green Machine–brand” carpet cleaner) that I used to clean the minor stains that were present.
3.) The end result of the cleaning, with the carpet still damp from cleaning, showing that said minor stains were 100% removed.
4.) The final result of the cleaning, 2 hours later, showing additionally that there was no damage from either the carpet cleaning machine or the recommended carpet cleaning solution being applied to the carpet.
I spoke with Tanji in the Regatta Office when I turned in my keys, and I informed her that I was leaving with several items yet to do, because the Air Conditioning in the apartment was inoperative (see Work Order for 19-203 placed on or about 27 June 2005). It was nearly 90* in the unit that afternoon with the Air Conditioning set to 75*, then 80*, then 70*, then 65*, then 70*, none of which resulted in cool (or even lukewarm) air flowing from the vents.
As a result, I have no issue with you charging me for cleaning the dirty refrigerator – I left it dirty because of the unbearable heat.
I have no issue with you charging me $9 for 3 burnt out light bulbs in the bathroom – I didn’t replace them because of the heat, although a trip to the store to purchase them would have been a welcome respite – it was cooler outside the apartment, than inside.
I have no issue with you charging me $22 to replace the drip pans in the stove – I felt that to be “a fair price to pay” for someone else to clean and/or replace them, again, because of the unbearable heat in an apartment in the afternoon Late-June sun with inoperative air conditioning.
Finally, I have no issue with you choosing to replace the carpet in my former apartment after I vacated. I have a cat, and it’s an entirely reasonable proposition that you might then rent that apartment to someone who is (highly) allergic to cats. It’s an entirely fair and reasonable precautionary measure on the part of Carmel Companies.
I do, however, take issue with you replacing the twice-cleaned carpet (once by me, once by Colorado Carpet Cleaning) in my former apartment, and then attempting to charge me for it. I left the carpet in excellent condition, and took photographs to prove it.
If I do not receive a check for the sum of approximately $171 ($249.00 deposit, less approximately $66 in charges for a broken blind, new Stove Drip Pans, Refrigerator Cleaning, 3 light bulbs, and the approximately $11 final water bill) within 10 days to my address of record, I shall be taking this matter up with my lawyer.
So, I wait and I wait…and I get a letter back, from the new Property Manager at The Regatta… Paraphrased:
“We have pictures, too. Your carpet was not left in a freshly shampooed state as you said it was. Pay Us Now.”
I summarize and restate my position.
* At the end of June 2004, I moved out of unit 19-203, leaving the apartment in good condition, despite the fact that the air conditioner was inoperable, and the temperature in the apartment was approaching 90* Fahrenheit. (See Workorder placed with Tanji upon key-turn-in)
* I spoke with Tanji in the Regatta Office when I turned in my keys, and I informed her that I was leaving with several items yet to do, due to the excessive heat. (Mopping the kitchen floor, cleaning the stove drip pans, etc.)
* Suspecting that Carmel Companies would attempt to charge me for the cost of carpet replacement, I took digital photographs of the minor “pet staining” (…in fact, they were not stains, but simple dirty spots, the vast majority of which I were cleaned before I left. I left the remainder (again, due to the 90* temperature) with the FULL confidence that Colorado Carpet Cleaning could clean the rest in their normal course of carpet shampooing, just as I was able to with my “retail consumer-grade” Bissell “Little Green Machine” carpet cleaning machine with “Bissell Little Green Machine Carpet Cleaner.). I also photographed the tools I used to clean said dirt, and the result of said cleaning (showing the 100% removal of the dirty area being cleaned.).
* I was charged for the replacement of the carpet in the apartment. I have no issue with Carmel replacing the carpet, I do have issue with Carmel charging me for replacing it when it need not be replaced, and was left in a condition that Colorado Carpet Cleaning could refurbish to 100% in the course of their typical cleaning.
Since my letter of 28 July, I received a letter from Brandi Blankenship (Copy Enclosed) extending an offer for me to come to the Regatta Office and review the photographs of the carpet. I have done so, and I was educated somewhat further on this issue, and have found factual errors in Ms. Blankenship’s letter of 08/19/05 that I want to address.
“The photos I have seen do not reflect a freshle shampooed and cleaned carpet condition as you have stated you have left the apartment in.”
In my letter, I did not state that the carpet was at 100% condition, merely that there were spots that I did not clean due to the excessive heat. I presumed that the carpet would be cleaned by Colorado Carpet Cleaning, and the remaining dirt would be removed in the process.
I also discovered on my visit that the carpet in the apartment was never cleaned by Colorado Carpet Cleaning. The staff (Specifically, Sarah Kolega) at the Regatta made the decision to replace the carpet without so much as an attempt to have it cleaned, despite my conversation with Tanji regarding the carpet, the drip pans, mopping the floor, etc.
I have seen the photos of the carpet the Regatta took, and the remaining dirty spots in the carpet (all of them in the Living Room, which is as I expected. I 100% cleaned all spots from both the bedroom carpet and dining room carpet areas before the heat in the apartment became excessive.) are virtually *identical* to the spots in the carpet that I show in my photographs – Dirty, Cleaning, and 100% Cleaned. It was a bad call on the part on someone’s to not attempt to clean the carpet with the Big Van Full Of Cleaning Product.
Additionally, I have further reviewed my personal records, and verified that in addition to my $99 damage deposit, I paid a $300 pet deposit, of which $150 was “non-refundable”. I further verified this recently with a phone call to The Regatta, where I was told that Pet Deposits are $300, $150 non-refundable, and $10 pet rent.
However, on the statement that I received in July from Carmel, I see that I was only credited $150 of that $300 toward the costs incurred? Praytell, if that $150 isn’t to be applied toward the cost of refurbishing a “pet” apartment to an “OK for non-pet owners” condition, then what exactly is it for, and why was any cost associated with refurbishing my apartment not applied first to the non-refundable portion of my Pet Deposit, then against the $99 Damage Deposit, and the remaining $150 refundable portion of my Pet Deposit? Particularly when there was no cost associated with shampooing the existing carpet?
I’m afraid that I find your business practice to be less than on the up and up.
Given the appearance that you do not, under any circumstances, apply the full Pet Deposit against any damage to an apartment occupied by a pet owner, it appears that it is absolutely in your Property Manager’s best interest to replace the carpet in any and every pet owner’s apartment, every…single…time.
Why? Because Carmel Companies gets brand new carpet in the apartment (at the former Tenant’s full expense), the New Tenant gets brand new carpet, and Carmel Companies makes $150 on the deal! What a sweet deal that is, huh?!??!
How could it be that a Carmel Property Manager would be inclined to do anything but throw their hands up in the air and declare a pet-owner’s carpet to be beyond salvage (no matter the actual condition of the carpet)? After all, the money to replace the carpet isn’t coming out of Carmel’s pocket, now, is it? And what’s the former Tenant going to do, except pay the bill, because they probably weren’t prepared enough to document the condition of the apartment themselves…after all, they were busy moving and stuff, right?
So, here’s where we stand… Another round of letters back and forth, and one more step closer to court.
I want the additional $150 non-refundable portion of my Deposit applied to my account – where it will be used as exactly that – a non-refundable deposit, not a $150 “Screw You, Buddy” Pet FEE. (not refundable, not applied to any damage, just pocketed silently by Carmel…I think not…)
I want the cost of replacing the carpet removed from my account. It was a decision made by your Property Manager (at the time), and I have evidence that it was a poor decision, and I believe I have shown that it’s definitely in the financial interest of Carmel Companies to be rather…less than objective or impartial…when deciding whether or not to replace a carpet in a pet-owner-former-tenant’s apartment.
I want the non-disputed approximately $77 (as detailed in my first letter) deducted from my $399 Deposit.
I want the remaining portion of my refundable deposit (which I calculate to be $249) mailed to my address of record once those adjustments are made.
I sent that to them on Saturday Morning.
I got a call this morning. They are directing the Property Management Office to remove the charge from my account, recalculate the balance, and refund my deposit as is appropriate.
WEWT!
@UserPic: I’ve had this one for at least 2 years, and have never had the urge (or guts) to use it. Today, I feel the need, and my ire is up.
Take one for the Team, Carmel Companies People!