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Carpet replacement?

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usound76

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

I apologize that this may be long, but I want to give the whole picture.

I have been renting a house for the past year. Almost 4 weeks ago, I came home from work during a severe thunderstorm to find 3 inches of water in the basement. I called one of the LL's and he immediately came over to find that the sump pump had gone out. (the home is owned by a brother and a sister) He replaced the sump pump that night & even helped me move my things upstaris out of the water. His insurance company insisted that a water clean-up company come out to dry everything, pull up the carpet pad, and re-lay the existing carpet.

After the existing carpet was put back down with new pad, the clean-up company steam cleaned the carpet. It looks terrible!! You can still see the areas that had standing water and there is still a musty smell. It has been a week since the cleaning so I think the smell should be gone. My father and I have re-checked the entire basement and it is completely dry. I have spoken with the other LL about this and she has contacted the insurance company.

The insurance company says that they have put so much money into this that they will not cover the full cost of replacing the carpet. My LL has informed me that I will need to split the cost with her. Am I required to pay for half of this since I am renting, or should the cost be on them. I have no plans to move out, and I feel that the damage was in no way my fault.

Thank you in advance, and sorry this is so long!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Gail in Georgia

Senior Member
Sounds like the repair has been completed; the carpet pulled up, dried, the soaked padding replaced with new padding, the carpet relaid and cleaned.

The landlord is under no legal obligation to replace this carpet. They are offering to do this if you will split the cost of doing so with them. Sounds reasonable. The breakdown of the sump pump wasn't their fault either but they responded to the need for repair immediately.

This is a basement, correct?

Gail
 

usound76

Member
Yes, it's partially finished. I use is as my family room, computer, furniture, TV, etc. I had quite a few of my belonging ruined as well. I have filed a claim with my renters insurance for my damaged contents. The LL said she pushed the insurance company for new carpet from the beginning, but they said that's not how they do things, and this was the route they required first. I just don't feel comfortable letting my daughter crawl around on this carpet, but I don't have the money to pay for half of the replacement. Plus, I really don't feel this is my responsibility.

To atomizer...I've never opened the little windows in the basement and in no way contributed to the damage. (just a little extra info)
 

xylene

Senior Member
Why? The carpet replacement isn't required for the safety and welfare of the occupants.
If the odor of the carpet makes the room unusable, then the tenant has lost the use of sq footage that is leased.

If the landlord wants to get pushed around by a stingy insurer, that's her problem, not the tenant's.
 

usound76

Member
OK, let me clarify.

Yes, not only does the carpet look terrible, there is still an awful musty smell as indicated in my original post. You can smell it when you enter the house, and it gets worse as you go down the stairs. That is why my father and I looked for any additional water problems but didn't find any. It smells as terrible as it looks and I don't like to even go down there.
 

atomizer

Senior Member
The LL should suck it up. That is unless you had the windows open or you contributed to the damage.
There is always someone that needs things spelled out. :rolleyes:
The cost of carpet replacement is not the responsibility of the tenant. The LL is not required to replace the carpet, but it is his responsibility to see that the tenant gets back a clean and dry carpet.
 

usound76

Member
Thank you for your responses. I just wasn't sure if I had to split the cost of the carpet. From what I'm reading, the answer is no.

If anyone has any ideas on how to tell this to the LL, I'm all ears. I've always had a good relationship with them, and plan to purchase the home from them when I'm able. I pay my rent on time every month and they responded to the flood promptly. I don't want to ruin our good relationship.

Thank you all!
 

Zigner

Senior Member, Non-Attorney
Thank you for your responses. I just wasn't sure if I had to split the cost of the carpet. From what I'm reading, the answer is no.

If anyone has any ideas on how to tell this to the LL, I'm all ears. I've always had a good relationship with them, and plan to purchase the home from them when I'm able. I pay my rent on time every month and they responded to the flood promptly. I don't want to ruin our good relationship.

Thank you all!
Unless you can PROVE their is a health danger from the carpet, then the LL also doesn't "have to" replace the carpet.
 

Searchertwin

Senior Member
There is always someone that needs things spelled out. :rolleyes:
The cost of carpet replacement is not the responsibility of the tenant. The LL is not required to replace the carpet, but it is his responsibility to see that the tenant gets back a clean and dry carpet.
Have to agree. I would not want to replace it but as you said they got the unit with a clean and dry carpet and through no fault of their own, they are entitled to a clean and dry carpet. Yes, the LL has to "suck it up" on this one.
 

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