Landlord issues

This is a discussion on Landlord issues within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; I am sorry that this post is long, but please take the time to read it and respond. Your efforts ...

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Old Jul 29th, 2009, 10:18 PM   #1
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Question Landlord issues

I am sorry that this post is long, but please take the time to read it and respond. Your efforts are greatly appreciated!!

Two months ago I moved out of a home which my wife and I were leasing. We had lived in the home for 2 years. The landlord is now claiming that the carpet in two rooms was "severely damaged". The landlord is referring to high-traffic areas where the carpet was worn down from walking on it for those two years. Keep in mind, the effected areas were a pathway from the kitchen to the living room, and a pathway through the master bedroom to the master bathroom (probably the two busiest rooms in any house). Areas that were unavoidable if those rooms in the house were going to be used.

The lease documents state the following:
"Move out condition: When the lease ends, Tenant will surrender the property in the same condition as when received, normal wear and tear excepted."

Normal wear and tear is then defined in the lease as "deterioration that occurs without negligence, carelessness, accident, or abuse."

The landlord has already spent $2500 on replacing carpet in two rooms (I know, that sounds excessive for carpet in only two rooms). I have refused to pay the requested amount based on the definition of normal wear and tear in the lease documents.

I have requested and received an invoice and it appears legit, but if I had a friend who installed carpet, I could have an invoice created as well. I requested that he provide me w/ an image of the check used for the carpet replacement from the bank but the landlord has refused to provide that to me.

Long story short, the landlord is threatening to take my wife and I to small claims court. I believe, based on the definition of normal wear and tear in the lease, that I should have no problem winning this case. Does anyone else agree? The lease that I am referring to is in Texas. I would greatly appreciate any guidance, suggestions, etc. Thanks in advance!!

EDIT:
I forgot to mention that my wife and I moved out of this landlord's house and purchased a home where we now reside. The landlord is now threatening to place a lien on our new home for the $2500 he believes he is owed. Is that even legal? The two properties are in no way related. I would understand if he were a contractor that performed services on our new home, but his complaint has nothing to do w/ our new home.

Last edited by Frustrated in Housto; Jul 29th, 2009 at 10:49 PM.
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Old Jul 30th, 2009, 10:17 AM   #2
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Default Re: Landlord issues

He cannot do that. If you all cannot agree then take it to small claims.

Normally carpet should be changed every few years so your case would seem good.
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Old Aug 3rd, 2009, 09:36 PM   #3
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Default Re: Landlord issues

Can anyone else please state their opinion on this? I am going to court next week and would appreciate any assistance. I would really appreciate your help with this. Thank you.
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