Will I get charged for ruined carpet if I move out? After 8 years?

Question

I have lived in an apartment building for 8 years. Instead of normal carpet, my apartment had that thin commercial carpet. My cat became a carpet terrorist on the stairs thinking it was a scratching post. Plus I had a pull that my vacuum ate up one day and left a line in the carpet with a missing thread in the living room. There is also a stain that I could not get out oustide the kitchen. But these happened over 8 years which I think is reasonable.

As I said, I haved there 8 years. The carpet was not new when I moved in. It was atleast 1-2 years old. I understand it got ruined and will need to be replaced, but I don't think that I should be responsible for giving the landlord new carpet. Even if it didn't have these problems, the carpet would stil be 9+ years old. If I am charged, shouldn't it atleast be a depreciated rate? Would this be something I could bring to small claims if I am charged the full replacement cost?

I expect to move within the next year and it kinda worries me. I originally left a $1000 security. I hate to lose that.

I had the car declawed since then so that is no longer a problem

Answer 1

I wouldn't be surprised if you were charged for carpet replacement. However, I do think it should be depreciated. As for taking it to small claims court, you could investigate that. If your time, effort, and cost to you is worth half of the replacement cost, I wouldn't. That's just my opinion. Commercial carpet is not that expensive. Another thought to consider is the cost of the padding (if any). I wouldn't think you would be responsible for the replacement of the padding unless there are pet stains and odors in it. You may want to check the cost of the carpet and installation at a couple of carpet stores in your area. I would recommend actual carpet stores, not "box stores" as box stores' installation seems to be a fair amount more than actual carpet stores' installation. Good luck.

Answer 2

The court is not going to put your landlord in a better position than he was in when you moved in. If it was not brand new when you moved in you will probably have to pay the depreciated value. Living in an apartment for 8 years there is going to be a lot of normal wear and tear. Check your lease carefully to see what it says. Take care of as much as you can and when you move out and you've cleaned t well, take pictures, lots of them. Insist the landlord do a walk through with you. By law he must return your deposit within 30 days, but you have to give him a forwarding address or he'll say he couldn't get a hold of you. If he keeps any of the deposit he has to send you an itemized list of the damages and the cost of repairs. I suggest if there are things like bathroom or kitchen faucets that are worn, that you replace them yourself.
You can buy them at Walmart for under $25. If he charges you it might inflate to a 100. Good Luck

Answer 3

It'll depend on the landlord. Carpet replacement every 5 - 8 years in a rental is kind of assumed. That's why the carpet quality is usually not that great in most rentals. Even with the damage you describe, given the length of your tenancy it should be considered normal wear and tear. A landlord with integrity would not charge you. If you are charged, I would definitely negotiate. You shouldn't have to eat the entire cost.

Answer 4

You will be responsible for the cost of replacing the carpet, given the situation you describe. Landlords are not allowed to charge for carpet replacement ONLY if the deterioration is due to 'normal wear and tear'. Stains, cat clawing, and ripping out a line with your vacuum are not considered as 'normal wear and tear'.

Answer 5

No, it is normal wear and tear, they expect to replace every 3-5 years anyways so you saved them a bundle, normal wear and tear the landlords just have to eat, that is why they charge such high rent.

Go to the courthouse, get a copy of the law, I believe here in Iowa it is after 2 years they cannot charge you for carpet, show them this, if they send it to a creditor send it to the creditor, you will get your deposit back if they dont and just keep your money go to an attorney with paper in hand, they will see a good lawsuit and help you.

Answer 6

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Answer 7

If you lived 8 years,
Cant you talk about it? & come to a Aggreement? maybe both pay half?
It all depends, If you Payed deposit to, maybe they can keep the deposit,

Answer 8

You will pay for all damage for sure. That is the law.