Unfair deposit with holdings & unsafe property

By marlene

I just moved out of my rental house that I have lived in for 4 years. My landlord told me I have been his best tenant and I cared for the property as if it were my own. Prior to me moving out I took a day off from work to get the house and yard taken care of. I touched up the walls with paint to the color match he told me to use (which didnt’ end up matching after all but very close), had the carpets professionally cleaned as agreed to in my rental agreement. I had re-weeded the yard and purchased red bark to make the landscape look very nice. During my walk thru the landlord said his only complaints that he saw that would need to come out of my deposit were: 

one section of the carpet on the stair to be replaced due to damage and the doorknob to be replaced due to damage. Everything else I had taken care of. He also told me that the carpets were not cleaned well enough (by the professionals) and I would have to redue it. I tried to get the company to come back out but they would charge me $100 to come again and I had already spent $140 to have it done the first time. In the agreement all it states about the carpet is "tenant must clean the residence prior to leaving to include professionally cleaning the carpet." Why should I have to pay to have them come back and do it again?
15 days later I get a letter in the mail from the landlord’s wife with a long list of things all about the carpet. Here is what it states: 
"Carpet retained pungent pet odor. Was cleaned by Pacifica but odor remained and thus Pacifica failed to perform  necessary cleaning. Carpet further treated with pet enzyme which also failed to remove odor. Carpet was removed adn evidence of liquid spills found on underside of carpet. Potential for mold and/or pet urine assumed. Pet odor stilll prevailent with carpet removed. carpet pad was removed and pet odor reduced to tolerable limits. Pet odor determined to be in the pad. Carpet was installed on or about January 1st, 2007 and is thus depreciated 58 months out of 60. Pad is not depreciated. Tenant not being charged for carpet as it is almost fully depreciated hoewver, labor to install is being charged due to damage from pet. Tenant also being charged for pad due to damage from pet. $720.05′
My question is….can they do that? I had the carpets cleaned. I had friends and neighbors do a walk thru with me and they said it smelled fine. My dogs have only had 2 accidnents in that house in the 4 years that I have lived there and I have a carpet shampooer and cleaned it both times. i also had a professional carpet cleaner come in November of 2009 to clean them again. Also I beleive there was another tenant living in that house 8 months prior to me moving in. How can he accuse me of all the carpet "stain in pad"
Please help me or point me in the right direction. I made the house soooo clean and he is keeping my $1190 out of my $1400 deposit
THank you
Marlene

Edited on: Wednesday, November 16th, 2011 7:36 pm

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