When is the landlord responsible to replace the carpet?

Question

The carpet in my apartment is at least 20 years old. My biggest concern is health risks. It is filthy even after being steam cleaned I can only imagine what is trapped in the deteriorating carpet pad that might cause resperitory problems. The carpet is warn through, uneven and has been ripped up by previous tenants running cords under it. It is permanantly discolored by dirt and sundamage. It is pulling up along the door jam and catches when opening and closing the door. I have only lived here a year and didn't create any of this damage. Are there laws regarding when carpet must be replaced?

Answer 1

Every 3 yrs down here in Va. by law.

Answer 2

I'm not aware of a law that requires periodic replacement of the carpet in rental units. That requirement may vary from state to state. However, the tax code administered by the IRS allows landlords to fully depreciate carpeting in five years. (See page 10 of Publication 527 in the link below.) That is to say that the IRS considers the carpet worthless after five years of use.

Twenty years of use is quite a long time. I suggest that you notify your landlord or apartment manager in writing of your concerns, and ask whether the carpet could be replaced. Keep a copy and send the original by certified mail, return receipt requested, so that you have evidence of your notification. If you don't get satisfaction, you might speak with a code enforcement officer in your local Building and Safety Department. But if you go this route, you might expect to have problems in the future dealing with your landlord.

Two years ago I took up my 20 year old carpet. There was an incredible amount of dust that had worked its way down to the pad. In some places, the pad was gummy like it had been deteriorating. No amount of cleaning would have made it right.

Answer 3

It all depends where you live and how much poop you want to create.
In Las Vegas after a tenant has lived in a unit the carpet must be steamed cleaned or replaced if there are ware spots or holes in it. Ask me, I had 125 four plexs there, a nightmare for anyone that thought they should have a new carpet or a different color. It was a constant battle of the tenants and once they heard they could get a new carpet, that was it.

Yes, there's "things" that are living under that rag you call a carpet after twenty years. I wouldn't want to walk on it, have any friends disappeared? lately?

Call you landlord over, show him/her respect and talk about re-leasing in the future, how much you like the place, how it would be so much better with a new carpet.
My old boss told me once, pat her on the tush and smile, you'll get what you want.

Answer 4

In general, and considering you have only been there a year, when you agree to rent and make no notes in the agreement about the condition of the premises - basically it is the same as saying you are okay with the condition of the apartment and accept it as is for the agreed amount of rent.

Check local laws (city hall might be a good place to start) and see if there is a minimum requirement for items like carpet, walls, doors, windows plumbing etc.

Answer 5

Interesting question. In California there aren't any requirements on maintenance and replacements. I suggest you discuss the situation with the owner of the property. You probably won't have much luck if you are only dealing with a manager so try to go directly to the owner. You might want to check your state's regulations first. You could check with your county health and safety commission to see if they have any regulations. You may have no recourse but to look for a new apartment.

Answer 6

THE GOOD THING IS THAT IF U HAVE LIVED THERE FOR A YEAR YOUR LEASE IS ALMOST UP. HAVE THEM REPLACE OR MOVE. YOUR CORRECT THAT THEY INSPECT AND KNOW THE CONDITION PRIOR TO YOUR MOVING IN. THE CARPET IS ONE OF THE WORST ITEMS REGARDING HEALTH PROBLEMS, NEST TO THE SPONGE IN THE KITCHEN SINK.

Answer 7

you should have insisted on that before you moved in, after you move in you have accepted it and you are stuck, there is no law as far as i know that says the carpet has to be any good. i doubt you have any way to prove you didnt cause the problems.

Answer 8

if it was good enough for you when you moved in, then the land lord (and the law) will assume any further damage has been caused by you.

Answer 9

I think this one really depends on where you live. Look into your landlord/tenant code. It should be in there.

Answer 10

when ever he thinks it needs replacing