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Carpet Replacement After 13 Months

Having a dispute with a tenant or landlord? Rental Law discussion

Carpet Replacement After 13 Months

Postby Bucklie » Fri Jun 20, 2014 3:54 pm

I have just moved out of a nice apartment I lived in for 13 months.  This apartment complex is well known for allowing tenants with dogs of any size(it's a pet-owners paradise).  Upon our walk-though evaluation at the end of my lease they said there were too many pet stains on the carpet that they considered above wear and tear and I would be charged the full replacement cost of the carpet for the whole two bedroom apartment(over $900.00)which seems excessive.  When I asked if they could replace just a portion of the carpet(1 or 2 rooms are all that may be needed) they said the carpet had to match, so they'll be replacing all of it.  Can they charge me the whole replacement cost of the carpet?  I thought paint and carpeting was the responsibility of the apartment complex.  Thanks for your time.
Bucklie
 
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Carpet Replacement After 13 Months

Postby wessley » Fri Jun 27, 2014 11:24 am

The first question is how old was the carpeting when you moved into the apartment?  

If it was new, the owner had the right to expect the carpet to last APPROXIMATELY 7 years under normal circumstances.  Some owners purchase carpeting that will last longer, some purchase carpeting that will last less time.  This is a rule of thumb and individual circumstances will vary.

If the carpet lasted only one year, then you should be charged approximately 6/7ths of the cost of replacement carpet, giving them the balance of the years they had a right to get out of the old carpeting. If the carpeting was already 7 or more years old, then I do not believe you should be charged anything, except perhaps the cost of padding(which should last longer than the 7 years, but would have to be replaced due to the urine smell). I agree they have a right to carpeting that matches.  It will be difficult to get the next resident to accept a patch work quilt of carpet colors.  

The rules vary from state to state, but this is the fairest approach.  

Best of luck!
wessley
 
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