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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I am a travel Nurse that spent 3 months in an apartment in

Customer Question

I am a travel Nurse that spent 3 months in an apartment in reno NV. I paid a 200 dollar non-refundable pet fee, 200 dollars deposit that I found on day of signing lease was also non refundable for apt. cleaning and maintenance when I left. My last rent check I overpaid by 230.49. I knew when I left I would have to minus 50 bucks from that because I lost a key card. That would have left 180.49 overpayment in rent. After inquiring about it, I eventually received a check for 35.00. I was told the remainder was used to replace the carpet for pet damage. I had a witness look at the carpet and apt. before I left because when I requested a walk thru before I left, I was told they don't do those. Kristie in the office told me to just wipe everything down and go, because they pay someone to come in and clean the apartment. The pet damage is totally ridiculous and false. I even left the bedroom closed the entire time I was there so that was left with the carpet cleaning marks still in it from when I moved in. (I slept on a blow up bed in the living room.) I have emailed requesting pictures and a detailed description of pet damage that required carpet replacement. I have never received a response. Please tell me what I can do next. I want that money back. There was nothing wrong with the carpet. I left it just as I found it. And just for conversation sake, how can they take my overpayment of rent and use that to put in new carpet? If I had left damage, isn't that what the 200 dollar pet fee is for? Thank you for your time. Krishna Woods
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Krishna,

I am afraid the next step is via small claims court. You have recourse because you have the ability to challenge and fight their claims. Legally the landlord has a duty to not just demand your payment but prove that the damage or fees are legitimate, so if you feel that you are not receiving the fair amount that you are entitled to, you can seek punitive damages up to 3 times the unfairly withheld amount, plus filing fees. But you must file in the state and county where you were renting, not if you moved elsewhere at this point.

Sincerely,

Dimitry, Esq.