Can my landlord charge me to replace entire carpet because of a stain once I move? Deposit + Some?

Question

I just moved out of an apartment and there was a stain in the carpet left behind. My security deposit was only $250 and the landlord is now telling me that they want around $1,000 to replace the ENTIRE carpet because the stain wouldn't come out. The unit didn't have new carpet when I moved in. Am I responsible to replace the entire carpet? Does the landlord have an obligation to allow me to try and handle the stain? They're hustling me telling me the next tenant moves in on Saturday so they have an appointment for tomorrow morning to get the carpet replaced already! They only called me today! (Thursday)

To be more clear, my question is:
Can the landlord charge me ABOVE my deposit? I don't care if he keeps the deposit at this point but can he ask me for extra?

Answer 1

Your landlord does have the right to keep your deposit for any replacements or damages needed to sublet again...as long as it is reasonable. Carpet is to be replaced every 3-5 years due to normal wear & tear so your landlord cannot charge you for an entire replacement if it has been that long. but they should charge you for stain removal & cleaning. Careful, they can take you to court over this so get some pictures of your own & info on how long that carpet has been there.

Answer 2

I don't think they can charge you the entire price of a new carpet even if you have ruined it. I think the cost should be prorated as to life of the carpet and number of years of wear left. Although most carpets last longer than the life stated because that is a minimum to expect, not a maximum. Surely you don't think it is fair for the landlord to absorb the cost of the carpet. You ruined it. You might also ask them if they can patch the carpet with a piece from a closet-to their satisfaction. Of course, they don't have a large amount of time to wait around for you. They have to turn over the apartment. There really isn't much profit-if any-and the apartment has to be turned over and to do that requires nice carpeting. Would you have moved in if the carpet had that stain on it? No, you would have moved somewhere else. Why does every tenant think that the landlord just absorbs all the extra costs when a tenant ruins something in an apartment and that they are not responsible for paying for their damage? It's not fair to landlords. . .
Are you suggesting that they replace the carpet with used carpeting because it wasn't new when you moved in? ? ?Please. . .
And if you wanted to handle the stain, you should have handled it before you left.
And, I'm not sure what type of place the lady above lives in but good carpeting last much longer than 3 to 5 years and $1000 is not much to pay for carpeting. I just put in carpeting in the LR, stairs, and one bedroom without changing the mat underneath and paid over $1800 for reasonable priced carpeting.

Answer 3

The landlord can demand whatever his costs are to repair damage, even if it's above your deposit. Getting it is another story entirely.

I just sent a demand letter for $4,500 to a gal with a deposit of $400. Fat chance my owner will get a penny, though.

With regards to carpet, not knowing how big the stain was--or your state-- makes it difficult to say. A spilled cup of Kool-Aid? Or an engine rebuild in the living room? It makes a difference. Carpets have a "rental life" of five years. Stains are one of the risks of renting for owners. Many owners want to make the previous tenant pay for costs that BELONG TO THE OWNER. Looks like you have one of those owners.

Talk to legal aid. I'd say answer the demand letter and refuse to pay for the carpet.

Answer 4

Towanda, you nailed it. As a landlord for more than 10 years, I agree with everything you said. I can't believe how many tenants move out leaving damage to the property, such as a burn on the countertop or stain in the carpet, then they complain because you ask them to pay to restore the unit to the condition it was in when they moved in (and the only way to do that is to replace the flooring or countertop). If they owned it, they would have been more careful in the first place.

Answer 5

This should be a lesson to anyone who rents, take pictures before you move in, so that any damage is noted and you have pictures to substantiate the damage. I would even include in the rental agreement (if you have a computer you can put the pictures on paper to include them) This protects you. Yes, they can hold you responsible for replace the carpet. Unfortunately that is just one of the many little hazards of renting, especially from a landlord who is shady. I had a tenant move in and the movers who moved her didn't connect the washing machine correctly and it flooded and caused over $650 worth of damage. We did not charge the tenant for this, as the carpet was not new. That was our choice.

Answer 6

I'm going to jump on board with Towanda and EB. Tenants seem to think that, if they stain a carpet, they should only pay for the stained area, or pay only a pro-rated amount to replace the carpet. Let me put it to you, as tenants, another way. If a vandal broke your car windshield or keyed your car, would you accept as settlement only part of the repair cost because your car is three or four years old ? Would you approach it on the basis that a car lasts ten years, so it would be proper for the insurer to pay only 60% or so of the repair ?

A stain on a carpet is NOT normal wear and tear. That definition is limited to the carpet wearing out from normal foot traffic.

Now, in consideration of the above, do you STILL think you should only pay for a part of the damage you caused ?

Answer 7

They can try, but if the carpet was not new to begin with, I don't see how they could charge you for an entire carpet for one stain. It seems to me, it would fall under normal wear and tear and charge you accordingly.