Is there a law in MIchigan for how often carpet should be replaced in a rental unit?

Question

We lived in the apartment for 3 years. The tenant before us lived there for 6 years. The landlord said he couldn't replace the carpet by the time we wanted to move in, so he told us to not worry about the carpet (that it needed to be replaced anyways). now that we've moved out, he took $700 out of our security deposit to replace the carpet. I realize now how important it is to get those kinds of things in writing, because we did not.. and now this happens =/

Answer 1

Unless you caused damage beyond normal wear & tear, then the landlord is WRONG in charging you for the carpet

MI statute 554.607
A security deposit may be used only for the following purposes:

(a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling.

Answer 2

2

Answer 3

Not specifically. The subject is addressed as reasonable wear and tear and generally, carpeting is a negotiation at the time of discussing potential rental. Your landlord could have had that carpet replaced within 24 hours. It's just that easy. So you've been handed a line of BS and your landlord took advantage of you. The good news? You can go to court and get the money back. You will find that the courts tend to support the tenant more so than the landlord, unless you were a lousy tenant and there were documented problems with you during your tenancy. I would take the jerk to small claims court. Most landlords are too greedy and too lazy to show up in court. He will want to settle with you. I would definitely take steps to get your money back. And by the way, you won't need an attorney. Just go to small claims court, tell them what you want to accomplish and they'll give you the forms. It's not rocket science and you'll be glad you took the initiative.

Answer 4

There is no law in MI dictating how often a carpet needs to be replaced. Carpet, if taken care of, can last up to 13 yrs. You said it was there for 6 yrs before you. Was it dirty or just worn? Now you have been there for 3 yrs. Is it dirty or just worn or worse? Are there stains put there by you? Is it beyond cleaning? There is normal wear and tear, but stains and filth are not it. Did he charge you the full amount of the carpet? Or a portion?
He can only charge you a portion of the carpet cost if you didnt damage it enough to replace it. For this he can use your deposit. That is what it is for. But you need a detailed damage report on that carpet from him or take him to court.

Answer 5

I dont' know. But if you move in and have been there a short time and then start asking for thing to be replaced, it isn't fair to the owner. Rent is based on amount spent on the apartment and you accepted it as it was for the price. If I replace carpeting, the rent goes up because people want the better carpeting and are willing to pay for it. If you've been there for awhile and it is time to sign a new lease, that is the time to barter for the new carpeting. Ask the owner to replace it or you will have to move. Be prepared that he will probably raise your rent suitably. Lease time is time to barter. . .Carpeting is a big expense to owners so while you might like new, they have to get a certain amount of wear out of it. If it is stained, there are lots of better products out there now that can really clean up carpeting and make it look very nice. Just trying to get you to look at it from the owner's point of view so that you can understand where he might be coming from. . .

Answer 6

dont think so.....why?....what if you have hard woods? he might replace it now, or just do the new tenants, like he did you. not sure if you have any recourse, if he dont use your money to replace it. you might....if you can, keep an eye on it, but you had nothing in writing...........probably be hard to prove..........
on your end........

Answer 7

HABITABILITY AND REPAIRS
WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent. In such a case, the tenant may countersue for breach of the warranty.

Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.

A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.

LANDLORDS' DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)

LEAD PAINT

Landlords of apartments in multiple dwellings in New York City where a child 6 years old or younger lives must protect against the possibility that children will be poisoned by peeling of dangerous lead based paint. Landlords must remove or cover apartment walls and other areas where lead based paint is peeling. The law presumes that lead based paint was used in the apartment if the building was built prior to January 1, 1960. (NYC Health Code §173.14) Landlords must provide all tenants with a pamphlet prepared by the federal Environmental Protection Agency which warns the tenants of the hazards of lead based paint and a disclosure form advising what the landlord knows about the presence of lead based paint in the apartment and building.


SAFETY
CRIME PREVENTION

Landlords are required to take minimal precautions to protect against foreseeable criminal harm. For example, tenants who are victims of crimes in their building or apartment, and who are able to prove that the criminal was an intruder and took advantage of the fact that the entrance to the building was negligently maintained by the landlord, may be able to recover damages from the landlord.

ENTRANCE DOOR LOCKS AND INTERCOMS

Multiple dwellings which were built or converted to such use after January 1, 1968 must have automatic self-closing and self-locking doors at all entrances. These doors must be kept locked at all times -- except when an attendant is on duty.

If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to "buzz" open the entrance door for visitors.

Multiple dwellings built or converted to such use prior to January 1, 1968 also must have self-locking doors and a two-way intercom system if requested by a majority of the tenants. Landlords may recover from tenants the cost of providing this equipment. (Multiple Dwelling Law §50-a)

LOBBY ATTENDANT SERVICE

Tenants of multiple dwellings with eight or more apartments, are entitled to maintain a lobby attendant service for their safety and security, whenever any attendant provided by the landlord is not on duty. (Multiple Dwelling Law §50-c)

ELEVATOR MIRRORS

There must be a mirror in each self-service elevator in multiple dwellings so that people may see -- prior to entering --if anyone is already in the elevator. (Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042)

INDIVIDUAL LOCKS, PEEPHOLES AND MAIL

Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request.

The landlord must provide a peephole in the entrance door of each apartment. Landlords of multiple dwellings in New York City must also install a chain-door guard on the entrance door to each apartment, so as to permit partial opening of the door. (Multiple Dwelling Law §51-c; NYC Admin. Code §27-2043)

United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords must keep the mail boxes and locks in good repair.

SMOKE DETECTORS

Outside New York City and in Buffalo, each apartment in a multiple dwelling (three or more apartments) must be equipped by the landlord with at least one smoke detector that is clearly audible in any sleeping area. (Multiple Residence Law §15; Buffalo Code Ch. 395)

Landlords of multiple dwellings in New York City must also install one or more approved smoke detectors in each apartment near each room used for sleeping. Tenants may be asked to reimburse the owner up to $10.00 for the cost of purchasing and installing each battery-operated detector. During the first year of use, landlords must repair or replace any broken detector if its malfunction is not the tenant's fault. Tenants should test their detectors frequently to make sure they work properly. (NYC Admin. Code §27-2045, §27-2046)

WINDOW GUARDS

Landlords of multiple dwellings in New York City must install government approved window guards in each window in any apartment where a child ten years old or younger lives. Tenants are required to have such guards installed. In other cases, landlords are required to install window guards provided the tenant requests them. Windows giving access to fire escapes are excluded. Protective guards must also be installed on the windows of all public hallways. Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. Rent controlled and stabilized tenants may be charged for these guards. (NYC Health Code §131.15)