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reporterqt | Can a landlord charge you for replacing 8-year-old carpet he was going to replace anyhow? |
My landlord sent people over to the house I was renting before we moved out to measure the carpets (and didn't inform me of this). I called him to make sure he wasn't going to charge me for replacing the carpets before giving me a chance to rent a steam cleaner and get estimates on two small spots my cat had scratched up by the doors. He told me the carpet was all due to be replaced anyhow and he wasn't going to charge me for replacing the carpets. Unfortunately, this was in a phone conversation. The landlord then never returned my calls or e-mails trying to schedule a time for a walk-through before or right after we moved out. Three weeks later, he still wasn't returning my calls about the security deposit, so I finally called the real estate agent he works with. Three days later, I get a BILL for $375, claiming a whole bunch of phony cleaning chargesand is charging me 1/3 of the cost of $3,000 to replace the carpet throughout the entire house. |
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Wren )O(
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Many landlords view your security deposit as free money for themselves. When you give it to them, you must never assume you'll get it back. They can and do deduct any and everything they can think of out of that money. I'm not saying its right, or that you should pay for any part of the carpet. It's up to you to decide if its worth suing the bastaad over. |
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paintballfreak1982
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if there was a mess (from your cats or kids or any other reason to hire a cleaning company) you are responsible and can be billed for that, but you can not be responsible for normal wear and tear |
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CMR2006
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Can he, yes. Should he, no. Will he get away with it depends on you... Did your rental agreement/lease specify how/ when the move out walk-through/ inspection should take place? Do you have any witnessess that you tried contacting him? Did you receive a final accounting of your deposits (outlining what charges were claimed for what damages)?
By law in most states, a landlord must perform a move out walk-through with his tenants when they are ready to turn in the keys to their unit. If the landlord chooses not to perform this walk-through, he is accepting the unit as is and can not claim damages above normal wear and tear.
If the tenants turn in the keys with out scheduling a walk-through, or decline to be present for the walk-through, then the landlord can charge for any and all damages above normal wera and tear, so long as they are all documented.
On your specific issue, how old was the carpet? Every state has a chart/breakdown of how long certain items are good for (ie: range/oven - fifteen years; fridge - fifteen years; paint - five years; carpet - five to ten years...); these rcharts vary a bit from state to state, so check with your local housing agency/legal aid. If the carpet was at the end of it's useful lifespan, your landlord cannot charge you for its replacement. If the carpet still had useful life left, he can only charge you for the prorated portion that would have been left after you moved. Plus, he must be able to demonstrate that replacing the carpet was the least expensive method of rehabilitating the flooring (cheaper than having it patched...)
Your best bet, is to gather up any and all paperwork and documentation you may have and consult with a legal aid office in your area. They will be able to recommend you with a proper course of action. |
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skiingstowe
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Hi,
You already admitted to the fact that your cat caused damage to the carpet on this forum. All he has to do is print off a copy of your own comments and you'd lose hands down. It would be a his word against yours concerning what you claim he said, but you do in fact admit to your cat doing damage. You should at least pay for that part of the damage. Also, you can't just replace portions of carpet your cat damaged. They would not look the same if in fact the carpet is as old as you say. |
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zed10096
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No he cant charge you. He using this as excuse if it wasnt this he would be using something else. I have friends who moved out of fltas/houses and had trouble getting there deposits back. They trie to contact the landlord but can never meet them. After a while they just give up. dont give up. KJeep calling, emailing,texting. I kinew someone else who couldnt get there deposit back and turned up at the landlord house with a tent. They said they no money to get a new place without there deposit and were going to sleep in the landlords front garden. The police were called but he got his deposit back |
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clwg1953@sbcglobal.net
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Yes he can, and he is making adjustments to the price and the age of the carpet. If he wasn't making the adjustments in the price then it would be illegal. How long have you lived in the house? The real answer to your question is in your lease, get it out and read it. Once you signed it you were agreeing to his terms and they should be stated. If you were to go in to court for this, the judge would base the decision on the language in the lease. |
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kajoche
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Of course in court it will be your word against his so you should leave a paper trail from this point forward. Send him an email asking why after you and he spoke about the carpet and he told you it would be replaced anyhow, why he would charge you this great deal of money. Be sure to make your letter sound very sweet and not on the defensive side. People tend to sound more defensive when there is a bit of truth to a story that will make them seem "lesser than thou." Do not include anything threatning to him in this letter like "I
'll have your *** in court," instead just seem inquisitive. After that you will or will not get a response.. not getting one is a star for you. Also get a record of all phone calls to his office. Even though you don't have a recording of what you said it will show the judge that you did make an effort to patch things up.
good luck |
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Christopher B
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Normal wear and tear is covered by the owner of a house for the duration of a tenants stay. This includes normal wear and tear to a carpet. You can absolutely take him to small claims court for the value of your security deposit, and any extraneous fees he is billing you for. |
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Angie
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Normal wear and tear is allowed. If the carpet is 8 years old, it needed replacing regardless. Take him to small claims court. The fact that he wouldn't even do walk through, and you were pursuing him to do this won't look good. |
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channien
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Of course not. He's responsible for any normal wear and tear of the place. That should not even come outta your deposit. Don't pay it. Take him to court if he bothers you about it again. |
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