Apartment manger won’t fix my carpet?
So I subbed lease an apartment that started 12/2019. The girl had hidden the fact that her dog tore up the carpet. The complex was going to charge me for the damages at the end of my lease but it doesn’t say anywhere in my lease that the apartment is as is. So I went in to let them know of the damage day one. They tried to get me to sign a paper saying I’ll pay but I refused. The property manger said that due to Texas laws he would have to charge the other girl now and that my carpet would be replaced. He also told me I would have to move all my stuff out for a day so they could replace the carpet. Well it’s 01/25 and it isn’t done yet! I am living with more than half my stuff in boxes and I hate it. The property manger keeps lying and telling me he’s going to call the carpet company and call me back but he isn’t calling me back.. he then told me last month the carpet needed to be ordered and that it ARRIVED at the place and my carpet should be done the following week.. well it still isn’t. So yesterday he gets a girl from the office to tell me the carpet hasn’t been ordered. He keeps lying and saying he will call me back but he doesn’t. What are my options? What can I do? Who do I even complain to? I’m a hard working college kid like I pay $630 in rent every month and they are treating me like this. I called the business the carpet is suppose to be ordered from but they said they don’t even have anything open right now for my complex. All of this has been going on for weeks
I feel like none of you are even getting my question. My property manager has been LYING to me about everything this entire time. I want to KNOW what my options are and how I can go about this. Al my stuff has been in boxes becusse I moved apartments.. obviously. They keep telling me it will be next week so why would I unpack? I just want to know how I can deal with his unprofessional behavior.
- Landlord365Lv 68 months ago
Lying in this instance & being unprofessional is not illegal. There is nothing you can do about crappy people.
ALL apartments are rented as is. That does not have to be stated anywhere. You legally accept the unit in given condition when you sign the lease & move in. They are not legally required to fix anything unless it is a health or safety issue.
Unless you have a signed agreement they would replace the carpet then you cannot forced them to do it at all much less do it in a timely manner. If you do have such an agreement then you would have to sue them for violating it to make them do anything.
- MaxiLv 78 months ago
There is no law against lying...............
If you subleased then YOUR landlord is the real tenant not the apartment manager......... if you signed a contract with the manager then you are not subleasing and the apt manager is your landlord....damage that has been done by the tenant is the tenants responsiblity to pay for and YOU as a tenant need to view before signing any contract with any landlord note down in writing and take photos of any damage already done or YOU legally are responsible, it is not for the apt manager to do that although the majority do and any good landlord will point it out to a new tenant and/or replace/repair before they move in.
A carpet doesn't stop you living there, it is not like no electric or heating or the toilet is damaged........ so you have nothing to 'deal with' apart from a few packed up boxes and you will just have to wait for them to make arrangements to order/fit
- BortLv 68 months ago
A carpet isn't required for habitability. That is the factor involved that would require the landlord to replace something that's broken or damaged: Warranty of Habitability. A dwelling does not need a carpet to be habitable. So the landlord is not required by law to replace it. It is also not your responsibility to replace it, if you chose to replace it yourself the entire cost of replacing it is your responsibility.
All you can do is insure that you're not charged for the damages and they don't keep any of your deposit to replace it since the damage was there when you moved in. Ask that they give you a copy of the report if there was one made when you first complained about it ("day 1") to protect yourself from that happening. If they don't have a complaint report ask them to make one.
Remember: You get more bees with honey. Be nice when you ask them for documentation stating that the damage was there when you moved in. You want it to protect yourself from being blamed and charged for it.
Legally there's nothing you can do about getting a carpet replaced. There's no law that pertains to carpeting in landlord/tenant laws. Carpeting is not required by law so neither does whether carpet is damaged or not.
Take in to consideration that they say they're willing to replace it. They don't have to do that either.
- babyboomer1001Lv 78 months ago
I would have held off packing the important stuff until you had a date for the carpet to be installed. Without a date, you have nothing. Perhaps, they are still pricing carpets - I don't know. Ask them if they will set a date for the installation. If they are not ready to do that, then wait patiently. They are not obligated to replace the carpet - they are doing you a favor.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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- Pearl LLv 78 months ago
maybe you should move since you have everything in boxes anyways
- SimplytheFACTSLv 78 months ago
You don't even get your situation...what do you expect from us....
hey ace, if you signed a lease with owner/manager you are not subleasing..if you didn't realize that, you have more serious issues to worry about.....you went to the manager whining about the carpet..so yes you wanted it replaced..
if you are subleasing, you would have signed a lease with the girl.
if you are subleasing, your landlord is the girl that used to live there...any business is between the 2 of you, not the owner manager.
was it furnished when you moved in? did you do an inspection and take pics at that time?
the girl is the one that would have to pay for any damages the owner charges...
if the damage was hidden..why not just leave it hidden....it shouldn't have mattered to the function of the home.
unless the carpet is a hazard, forget about it....if it is a hazard, if possible, get a cheap area rug to cover it...talk to the landlord about removing the request altogether.