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Carpet damage my responsibility?

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mkh123

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hello all,
Sorry if this is a repeat, but I searched and couldn't find anything that met my specific situation, so here it is.

I had been living with my roomate on a verbal agreement, meaning no lease was signed. I was never late or default on any rent. I lived there from about feb. of 2005 to this August. About a year and a half ago my girlfriend moved in with me and we moved into the bedroom upstairs as the downstairs one was too small for the two of us. We never planned on moving into this place together, but the roomate developed a heart condition and had me as the executor of his will. mind you he is 58 and I am 27. He has noone and I didn't want him to die at all, let alone, die alone. At that time we also purchased 2 small dogs (the roomate also had two dogs of his own). Upon moving in to the upstairs bedroom he replaced the carpet in the entire house except for our room. I assumed (wrongly) that he would be replacing the carpet after we left. Because my Girlfriend didn't want to sleep with the door open, the dogs would have occasional accidents because they couldn't get outside. I tried my best to clean it but after a while it got pretty bad, however I assumed that he would be replacing the carpet so instead of freaking out and cleaning the carpet every three days I settled with a monthly cleaning to keep the smell down. Again, I assumed he planned to replace the carpet when I left. He never said that I needed to keep the dogs out of the room, nor did he say that if the carpet became stained, I would be responsible. It was only when I told him I was moving out in three months that I thought the carpet was pretty bad and may need to be replaced that he acted as though he always planned to have an entire house with red carpet, and one room with white carpet and that I should pay to replace the carpet. I told him that I would help defray the cost, but not the whole thing as he should have told us that he wanted to keep the original carpet. Had he done that I would have never had the dogs upstairs with us.

My fiance and I moved out so I could go to grad school in another region of the state about 5 weeks ago. When she returned to finish cleaning and moving out he told her that the cost to replace the carpet in the room would be $1700.00. The room is 14' x17.5 feet and equals about 27.2 cubic yards. I got an estimate from home depot that came to $700.00 and informed him that that is what I am willing to pay. He is starting to become belligerent and I think he may try to sue me. My question is this: Do I even have to pay him anything? He never had us sign a lease and between the two of us over the last 4 years we paid him over fourteen grand in rent. I feel like he is trying to take advantage of us.

I don't want this to seem like a one sided story, I feel responsible for the damage, but I don't feel as though I should incur the entire cost. Any help is appreciated, even if it doesn't help me out. I just want the right thing to be done.
 


sandyclaus

Senior Member
Short answer: YES, but...

What is the name of your state (only U.S. law)? Arizona

Hello all,
Sorry if this is a repeat, but I searched and couldn't find anything that met my specific situation, so here it is.

I had been living with my roomate on a verbal agreement, meaning no lease was signed. I was never late or default on any rent. I lived there from about feb. of 2005 to this August. About a year and a half ago my girlfriend moved in with me and we moved into the bedroom upstairs as the downstairs one was too small for the two of us. We never planned on moving into this place together, but the roomate developed a heart condition and had me as the executor of his will. mind you he is 58 and I am 27. He has noone and I didn't want him to die at all, let alone, die alone. At that time we also purchased 2 small dogs (the roomate also had two dogs of his own). Upon moving in to the upstairs bedroom he replaced the carpet in the entire house except for our room. I assumed (wrongly) that he would be replacing the carpet after we left. Because my Girlfriend didn't want to sleep with the door open, the dogs would have occasional accidents because they couldn't get outside. I tried my best to clean it but after a while it got pretty bad, however I assumed that he would be replacing the carpet so instead of freaking out and cleaning the carpet every three days I settled with a monthly cleaning to keep the smell down. Again, I assumed he planned to replace the carpet when I left. He never said that I needed to keep the dogs out of the room, nor did he say that if the carpet became stained, I would be responsible. It was only when I told him I was moving out in three months that I thought the carpet was pretty bad and may need to be replaced that he acted as though he always planned to have an entire house with red carpet, and one room with white carpet and that I should pay to replace the carpet. I told him that I would help defray the cost, but not the whole thing as he should have told us that he wanted to keep the original carpet. Had he done that I would have never had the dogs upstairs with us.

My fiance and I moved out so I could go to grad school in another region of the state about 5 weeks ago. When she returned to finish cleaning and moving out he told her that the cost to replace the carpet in the room would be $1700.00. The room is 14' x17.5 feet and equals about 27.2 cubic yards. I got an estimate from home depot that came to $700.00 and informed him that that is what I am willing to pay. He is starting to become belligerent and I think he may try to sue me. My question is this: Do I even have to pay him anything? He never had us sign a lease and between the two of us over the last 4 years we paid him over fourteen grand in rent. I feel like he is trying to take advantage of us.

I don't want this to seem like a one sided story, I feel responsible for the damage, but I don't feel as though I should incur the entire cost. Any help is appreciated, even if it doesn't help me out. I just want the right thing to be done.
You are responsible for any damages caused to the rental unit during your occupancy, no agreement is required to uphold this obligation.

You admit that your dogs stained the carpet. The LL may have kept the old carpeting in there because he knew that it would need to be replaced and didn't want to put brand new carpet in a room where dogs were going to stay. He wanted to see if it would get worse (and it did), and held you responsible for replacing it (appropriate).

The LL is not obligated to use your carpet material & contractor finds to do that replacement. He can choose to buy just what he wants and can charge you for it.

The ONLY exception here may be with paying total cost.

How old was the carpeting to begin with, and how long did you live in that particular room? A carpet has a useful life avg of 5-7 years or so, more if well maintained. He can only charge you for what would have been the remainder of that based upon your length of occupancy in that room. If you were in there a year, and the carpet was already 5 years old when you left, you could argue that you may be responsible for only 1/5 of the cost to replace it.

Demand records of when the original carpet was installed to see how much of that replacement cost you can really be held liable for.
 

mkh123

Junior Member
You are responsible for any damages caused to the rental unit during your occupancy, no agreement is required to uphold this obligation.

You admit that your dogs stained the carpet. The LL may have kept the old carpeting in there because he knew that it would need to be replaced and didn't want to put brand new carpet in a room where dogs were going to stay. He wanted to see if it would get worse (and it did), and held you responsible for replacing it (appropriate).

The LL is not obligated to use your carpet material & contractor finds to do that replacement. He can choose to buy just what he wants and can charge you for it.

The ONLY exception here may be with paying total cost.

How old was the carpeting to begin with, and how long did you live in that particular room? A carpet has a useful life avg of 5-7 years or so, more if well maintained. He can only charge you for what would have been the remainder of that based upon your length of occupancy in that room. If you were in there a year, and the carpet was already 5 years old when you left, you could argue that you may be responsible for only 1/5 of the cost to replace it.

Demand records of when the original carpet was installed to see how much of that replacement cost you can really be held liable for.
Sorry I knew I would forget something. The carpet was over ten years old.
 

mkh123

Junior Member
10 year old carpet is worth roughly $0, so you owe nothing for it.
If it weren't for my dogs he would still have carpet, I feel I do owe him something. Are there any electronic sources that are reliable for the above info? Not saying I don't trust you guys but knowing for sure what the law is helps a bunch.

I will ask him for the itemized cost, but I think it came with the house when it was built.
 

sandyclaus

Senior Member
Sorry...

If it weren't for my dogs he would still have carpet, I feel I do owe him something. Are there any electronic sources that are reliable for the above info? Not saying I don't trust you guys but knowing for sure what the law is helps a bunch.

I will ask him for the itemized cost, but I think it came with the house when it was built.
I can't seem to find any specific statutes on the carpet depreciation, but what we speak of is standard practice for LL's.

As a rule, you cannot be held responsible for the full replacement cost if you did not use the carpet for the entire life of that carpet unless your actions shortened its useful life to the point where it needed to be replaced before its time. Plus, as you said, the LL likely wasn't going to replace your carpeting, or used the opportunity of your being there as a way to try and get you to pay for its replacement.

If he wants the full replacement cost, he's going to have to prove it still had useful life in it. If it came with the house, and he bought the house 10 years ago, who knows when it was originally installed? He decided it was time to re-carpet the rest of the house that you used for the last few years & didn't try to charge you for any of it - so why charge full replacement cost for just your room? Because he thinks your admission of guilt (because of the dogs) somehow makes you totally responsible for the costs now. Because he thinks he can get away with it.

But think about it - how can you ruin carpeting that was ruined to begin with, and already well beyond its useful life?
 
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mkh123

Junior Member
I can't seem to find any specific statutes on the carpet depreciation, but what we speak of is standard practice for LL's.

As a rule, you cannot be held responsible for the full replacement cost if you did not use the carpet for the entire life of that carpet unless your actions shortened its useful life to the point where it needed to be replaced before its time. Plus, as you said, the LL likely wasn't going to replace your carpeting, or used the opportunity of your being there as a way to try and get you to pay for its replacement.

If he wants the full replacement cost, he's going to have to prove it still had useful life in it. If it came with the house, and he bought the house 10 years ago, who knows when it was originally installed? He decided it was time to re-carpet the rest of the house that you used for the last few years & didn't try to charge you for any of it - so why charge full replacement cost for just your room? Because he thinks your admission of guilt (because of the dogs) somehow makes you totally responsible for the costs now. Because he thinks he can get away with it.

But think about it - how can you ruin carpeting that was ruined to begin with, and already well beyond its useful life?
this is exactly why I wanted to ask I feel like he is trying to take advantage of me. I am searching right now in my states residential landlord and tenant act. Is this a good place to start? What do you recommend I do?
 

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