Security Deposit - Carpet Replacement

My question is this. I rented an apartment for 2 years at The Caryle in Greenville, SC. I moved out August 5, 2007. When we did the walk through, one of the maitenance workers brought in a black/flourescent light and said I had pet stains all over the carpet. I questioned him because I only have a small dog who was only allowed in 1 room of the apartment and was in a crate the rest of the time. Some of the stains were in places where I had a huge chest of drawers, and other pieces of furniture where the carpet was blocked flouresced as if they had pet stains under them, which is impossible since there was furniture there. I again questioned him how that would be possible and he said well "that's probably not a pet stain". Well I personally own a carpet cleaner and I cleaned the carpets at least once a month. He said that the carpets would have to be replaced, a sealer put on the floor, because of the amount of stains, and that they would send me a bill with the pro-rated amount for the 2 years the carpet had been in the apartment. (they said it had just been replaced when i moved in) They also told me I would not be getting my $300 security deposit in addition to the $250 pet deposit I paid when I moved in. I was in shock. None of those stains were pet stains. I later went to home depot and got a sample of brand new carpet, got out a flourescent light to make sure it was brand new with no stains, I then sprayed it with the carpet cleaner solution and placed the black light over it and it instantly lit up just like how my carpet did when we did the walk through. Now my issue is this. Over a month later I recieved a letter saying I owed $1089 for carpet replacement and sealer. It said nothing about the pro-rated amount being included or the $300 of the security deposit. I tried to search online and find information as to what my rights were and I thought it said they had 14 days to send me detailed estimates which they did not. Now, a collection agency is calling me and I want to get this settled. What are my rights? How can I prove that their maitenance guy's "test" for pet stains really lights up and chemical, not pet stains. The maitenance man even remarked how immaculate my apartment was and that there was no odor. Please help!

[OHlandlord]

They have 30 days to return the deposit statement in SC. If a tenant ruined a carpet and it could not be cleaned, the LL may charge a prorated value based on the age of the carpet. Was the carpet marked new when you moved in (on your move-in condition statement)? How large was the area of carpet that needed to be replaced?

The formula needed to calculate the depeciated value depends on how many years they use on their schedule C on the IRS tax forms. The IRS allows you to use anywhere from 5-10 years to depreciate floor coverings. If they used an average of 7 yrs and the carpet was new at move in, they could charge you for 5/7 the cost of the carpet since there would be 5 years of life left in that carpet. If they used 10 yrs, they would charge you 80% (8/10), if they use 5 yrs they would charge you 60% (3/5). $1089 doesn't sound depreciated unless there was a lot of carpet in that unit that had to be replaced.

On the other issue, what type of carpet cleaner are you using? Shouldn't this be either diluted or rinsed out after use? Even that cleaner wouldn't leave spots or puddles on the carpet. If you cleaned the carpet and it did show up under black light as you say, it would show up all over the carpet where you used it, not in just spots.

If you want to dispute this with the company, send a letter disputing each charge and why you don't think you should be charged that much. You should state that you see no depreciation figures on the charges, nor do you see where you have been given credit for your deposit or the pet deposit. Also state that spots were found under your heavy pieces of furniture where your pet could not have possibly gave had an accident. Ask them to reply to you within 2 weeks. Send a copy to the collection agency along with the notation that you want collection efforts to stop while this debt is in dispute, Send them by certified mail, return receipt requested, and keep a copy for yourself. If they don't reply or give an appropriate answer, you will have to take the LL to court to get yor money back.

"On the other issue, what type of carpet cleaner are you using? Shouldn't this be either diluted or rinsed out after use? Even that cleaner wouldn't leave spots or puddles on the carpet. If you cleaned the carpet and it did show up under black light as you say, it would show up all over the carpet where you used it, not in just spots."

First of all thank you for your help! Secondly, the spots on the carpet weren't exactly spots, they were everywhere, and I mean everywhere. The carpet cleaner solution was diluted but the machine I have you press a button and it spits it out on the floor. I know for a fact it left a few puddles here and there because I would step in them while cleaning and have to go back and suction it up with the cleaner again.

Don't they have to send me the bill/estimates within 14 days? I recieved just a note from them on their letterhead over a month after I had moved out stating I owed the $1089. It was just for a 2 bedroom apartment. Although they are saying every foot of carpet had to be replaced. I'm so ready to give up but I don't want this on my credit report! Especially when the apartment was spotless!

Oh and they told me the carpet was brand new when I moved in although I have no proof of that. Is there any way I can get that? In case I need to go to court.

Also, the only way they determined that the carpet needed to be replaced was using the black light. The same black light that picks up the chemicals in the carpet cleaning solution. There wasn't a spot on the carpet or even light wear visible.

Thank you again! You have helped me tremendously!

Just an FYI...

I know this is quite a bit late... but thought I would offer my two cents!

I am a professional carpet cleaner certified through the IICRC (www.iicrc.org). In regards to black (UV) lighting, it is an invaluable tool specifically used to locate urine. However, it will also detect other substances. Under a black (UV) light, urine will appear a yellowish/greenish color, but you may also find a blueish color as well. These are NOT urine spots! These are actually optical brighteners commonly found in lower quality cleaning solutions for carpets, similar to those sold specifically for do-it-yourself cleaning machines. I would guess that is what was being lit up under the light in your apartment. As far as those under some of the furniture, it probably came from the migration of the moisture when you cleaned as DIY machines do not have the capability to recover sufficient moisture. Optical brighteners are not recommended for use in cleaning as they will breakdown the fibers over time, however, in an apartment, I can assure you no damage will be done before they would replace it anyways under normal wear and tear. Good Luck!!!