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percills06 | I rented a home for 7 years can i still be charged for the carpets with my security deposit? |
Additional Details
their is a small burn in the carpet from an iron
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bull_rooster_aardvark
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Yes but only for damage, not normal wear and tear. If you ripped them or stained them, or your dog pead on them - then yes you may be liable. If they are just old and worn out then the landlord may be responsible for this. |
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alta
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No, only a landlord would say yes.
It will come under "fair wear and tear". A normal property, with "renting" carpets, are not expected to last for more than 5 yrs.
The Law does not allow for betterment, which means a Landlord cannot expect to have old replaced with new at the tenants expense or charge cleaning costs for that soiled at the start of the tenancy.
If you are renting through an agent, they will be well aware of the fair wear and tear rules. You should have had an inventory and this will have the condition when you went in, if they were not new then, he should carry the cost. |
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poutana
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No,after 7 years even if the carpet is for the garbage is considered normal wear. |
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Vic J
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Only if there is any damage beyond "normal wear and tear". Carpet wears in it's normal course of use, and the landlord cannot keep security deposits for that. Take pictures of everything before you move out, and have a witness with you while moving, just in case you have to go to small claims court. My mother just went through this, and did all those things I just mentioned, and won.
In some states, security deposits cannot be used for damage. The landlord must receive two different deposits. |
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goz1111
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This is the deal, in a civil suit the prevailing party is only entitled to FMV, fair market value of an item and not replacement value that is considered unjust enrichment and is illegal
In this case if the landlord can show beyond the normal wear and tear of seven years that the carpet was damaged based upon your negligence you would be liable, But then the question becomes what is the FMV of seven or nine year old carpet?
The general answer is zero, the courts will depreciate carpet over a life span time table, people tend to state carpet life span anywhere from 7 to 10 years. I prefer to go with 7 years since that is the IRS guidelines for deprecation of carpet for tax purposes, which is probably what your landlord is doing on their taxes
in my opinion the carpet has no FMV at this point |
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doanel
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You rented for SEVEN years! Holy Smokes, why didn't you buy a house. Think of all the equity you lost over those years.
Sorry, but had to get that out.
Well, can you get the carpets shampooed? If they are ripped up though, yes, you'll be charged, just like you would charge someone if it was your house. |
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schwildcat1977
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NO!- that would fall under general wear and tear and they CANNOT charge you for that. The would have needed to replace it after that many years had you been there or not.
They can only charge you for things you specifically damaged. |
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frak1a12345
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Cleaning only unless, of course you damaged them. You can not be charged for wear and tear. After 7 years the typical carpet in an apartment being of low quality to start with will be totally worn out and should be replaced. |
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Landlord
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Yes, of course. |
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Carolyn
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Yes. Although if it is just standard wear and tear they might not. Is this a worry or are you being charged? |
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