Preserve At Travis Creek
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large fines upon move out
From: -Anonymous-Date posted: 7/23/2007
Years at this apartment: 2004 - 2007
1 response
I moved into the preserves 3 years ago. when i moved in the carpet was at least one year old. i heard of other people who had carpet 4 years old, got theirs replaced. my roommate and i (we are in our early 20's) were told one year ago, that they would replace our carpet (for free) but we needed to move all our furniture. we had talked to older people who said they did not have to move their own furniture. b/c we have nowhere to move our furniture, so we did not replace our carpet. now, one year later when moving out i got a $400 bill for replacing the carpet! (the same carpet they were going to replace for free one year ago). after calling and an extensive argument (where they brought up false lease violations and told me our former carpet conversation wasn't documented) they agreed to clear the charge. i was being held responsible for their failure to document our complaints.
also, when renewing our lease last year our rent increased a lot. other (older) people told us they were able to negotiate this and maintain their previous year's rent. despite the apartment above us flooding our apartment which stained our ceiling and ruined furniture, and our old carpet - they were not willing to negotiate with us at all.
i'd advise anyone looking at this apartment to document all requests and conversations, so the lack of documentation aren't used against you in the end.
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User Responses |
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| From: txtiger | Date: 11/18/2007 |
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Documenting conversations with management might be helpful, but ultimately that won't resolve conflicts. As the standard TAA lease states (and many attorneys will tell you), all agreements with financial impact require written notice. So when you have a discussion with mgmt about carpet replacement, discounts, waived late fee, etc. -- always ask, "Can you do me a favor and put that in writing?" If they will not oblige you, their sincerity is suspect.
Regarding carpet fees: It's legal to charge for cleaning & flea treatment if you had pets in the apartment. Even if they replace all the carpet, Texas law still requires the apartment to be treated for fleas. Furthermore, pet stains may have penetrated the carpet pad into the underlayment. You can still compromise over the cost of the carpet replacement based on the age of the carpet & its lifespan. Most apartments use 5-year grade of carpet. If you occupied the apt for 3 yrs, mgmt must cover 3/5th of the replacement cost under Texas statutes specifying that tenants cannot be held accountable for "standard wear and tear".
Another point: ALWAYS document the condition of your apartment during move in, move out, and in case of catastrophic damage (e.g., flooding). At the very least, send a signed & dated letter to mgmt and retain a copy. Better yet, take photos and/or videotape that show the specifics. Borrow a digital camera if need be.
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