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Help! Do I have to pay for the landlord to replace carpet after 8 years?

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Jdenison23

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

I just moved out of a home I rented for 2 years. I gave my 30-day notice and cleaned the apartment. We had the carpet professionally cleaned. The landlord is stating that there is still a "dog" smell in the home so they attempted other carpet cleaners to remove the smell. According to the landlord, nothing changed, so they are replacing the carpet in the entire house and are taking our entire deposit and pet deposit. The carpet has not been replaced in 8 years and we do not feel it is right that we have to pay to replace their carpet.
I read somewhere that Carpet wear and tear cannot be deducted at 100% after 2.5 years due to depreciation (and that's if the carpet was brand-new when I moved in). It is my understanding that if the carpet is more than 7(I think) years old as of my move-out date, the landlord cannot withhold a single cent of my deposit, because the carpet would have depreciated to be worth $0, and the landlord would have been obligated to replace it anyway. Can you tell me if this is accurate? If so, is there a way I can fight them taking my entire deposit?

Thank you!
 


Who's Liable?

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

I just moved out of a home I rented for 2 years. I gave my 30-day notice and cleaned the apartment. We had the carpet professionally cleaned. The landlord is stating that there is still a "dog" smell in the home so they attempted other carpet cleaners to remove the smell. According to the landlord, nothing changed, so they are replacing the carpet in the entire house and are taking our entire deposit and pet deposit. The carpet has not been replaced in 8 years and we do not feel it is right that we have to pay to replace their carpet.
I read somewhere that Carpet wear and tear cannot be deducted at 100% after 2.5 years due to depreciation (and that's if the carpet was brand-new when I moved in). It is my understanding that if the carpet is more than 7(I think) years old as of my move-out date, the landlord cannot withhold a single cent of my deposit, because the carpet would have depreciated to be worth $0, and the landlord would have been obligated to replace it anyway. Can you tell me if this is accurate? If so, is there a way I can fight them taking my entire deposit?

Thank you!
You are correct. The LL can only replace the damaged area of the carpet and NOT the entire house and they can only charge for the depreciated value of the damaged carpet. Depending on your state, it can be 5-8 years.
 

nextwife

Senior Member
You are correct. The LL can only replace the damaged area of the carpet and NOT the entire house and they can only charge for the depreciated value of the damaged carpet. Depending on your state, it can be 5-8 years.
Cut out the pee spots and just replace those? How?

Do you mean, replace only the ROOMS in which there is damage?
 
Last edited:

John_DFW

Member
Cut out the pee spots and just replace those? How?
I don't think that is what was intended, but it is possible to cut out and patch small spots. It shows on some types of carpet, and is not recommended for high traffic areas.

Personally I would not ever do it and would replace the whole room.
 

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