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colorado.dreamer | Can a landlord sue me for damage to an aprtment? |
I have lived in a small upstairs apartment for over 5 years. I have had a dog the whole time with the knowledge of the landlord. The carpet is really full of dog hair. I will try cleaning up but fear the carpet will need replaced. I know it's a problem but 5 years of use should count for something. |
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Feeling Mutual
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You are responsible for any damage to the carpet which is beyond normal usage. |
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Janet P
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It depends on the carpet, most is good for about 30 years.
Yes, he can sue you, but a good shampooing should take up the hair. |
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LYNN W
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yes they can if the damage is more than what the security deposit was or if you didn't have a deposit. |
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Ol' Ti
 |
The key phrase here is "normal wear and tear." In no state are you expected to leave an apartment exactly as you found it after paying rent for five years. Unless the problems with the carpet are more then dog hair, say excessive stains/smells/general grossness, then you should be fine. Just clean it as best as you can with a vacuum and carpet shampooer. If you're landlord is sue happy and does take you to court, then as long as a reasonable person would consider the wear normal, then you'll be fine and only be out the time you had to take to go to court. |
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kimmamarie
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5 yrs of NORMAL use would count for something. Dog damage is NOT normal use. |
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Tim S
 |
Laws on such things vary from state to state. There's a good chance you're potentially liable, but it depends on the exact situation.
Many states require carpet that is of a certain age (I think it's 10 years here in California) to be replced any time tenants change. If the carpet was brand new when you moved in, you're probably in a much worse position than if it was older carpet.
Did you pay a deposit when you first moved in? Often any damages will be taken out of a deposit.
If the only damage is hair rather than stains from the dog having "accidents" on the carpet, you should be able to get the hair out with enough effort or professional cleaning. The question then is if it's worth it to you, or if you're better off just pay to replace the carpet. |
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JustPeachy !!!
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Landlord "can" sue you, and if so, will likely win.
The way to handle this is that if the landlord decides to sue you, offer to settle-out-of -court by giving landlord a certain amount of money.
To find the amount of money, contact a professional carpet cleaning company to get a free written estimate of what it would cost to clean all that hair out of the carpet.
This written estimate, which you may want to show your landlord, may end up being the "out-of-court-settlement-amount"
Whether he will sue or not may depend on your relationship. Have you paid your rent on time every month? Have you been a fairly good tenant? Have you done anything to cause the landlord any problems ? etc. |
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Michael J
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It depends on a few things. How old is the carpet. Carpet in a rental has a useable lifespan of about 10 years. At worst you could be charged for half of the replacement. What was the condition of the carpet when you moved in? Did the previous tenant have dogs? A professional carpet cleaner should be able to get the hair and dirt out. If you live in California you can request an inspection from the landlord before you move out and he has to give you a list of cleaning and repairs that you would need to do to get your deposit. |
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bwonder48
 |
If you don't pay for repairs, then you could be sued. You would go to civil court where the judge would figure out if and how much you would pay to clean/replace a 5 year carpet. |
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darkseidtheruler
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the landlord can sue you for damages! I've been there before so I know they can! Do your best to clean the carpet, but I dont think you should be liable to replace it because you probably paid a pet deposit. even so, they can sue you for damages if they choose to |
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Carl
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If he bothers to take you to court for such a little thing in 5 years tell the judge that it was normal wear and tear and the carpet was either new or if it was used when you first took the apartment your case may even be stronger. Also insist he produce such evidence for the court to physically see. Hairs don't show up well on film! And besides, you should clean it to the best of your ability and leave it at that. It may cost him more to fight it in court than the carpet is worth. He may try to keep a portion of any security deposit but you have a right to contest that with your local housing authority. A local Community Action Program (CAP) can help you to know your rights. Ours is called NSCAP here on the North Shore area of Boston, but they have them in every region. They can advise you best there in your area about Tennant/Landlord rights. Carl |
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DennistheMenace
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he cant charge you any more than your security dep. or pet dep. if you paid more per month to have a dog....
hes paid. |
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