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Landlord wants me to replace already stained carpet?

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FrankJr

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

I leased an apartment in OKC for a year and prior to living in it, I made a list of things that were already messed up within the apartment such as black stains throughout the (beige) carpet in the entry way, the living room, and dining room, as well as various stains in 2 of the bedrooms.

I moved out at the end of last month, and today I received a notice at my new address asking me to pay $900 towards carpet replacement in the apartment. I'll admit that there was an occasional spill here or there, that was taken care of as best I could, especially being on a beige carpet. So, other than the spills that I helped remove as best as I could, how could they make me liable for the already heavily stained carpet before I moved in. It's noted on the condition of the apartment before I moved in, and they noted it needed to be replaced on the very same document!

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


Gail in Georgia

Senior Member
The cost to a tenant for carpet replacement in a rental unit is based on the remaining "life" of the carpet....this is generally estimated to be between 5 and 7 years. For example, if the carpet was, say 7 years old when you moved in it had already "outlived" it's useful life.

They can't "make" you liable for this replacement cost. They can, however, consider suing you for this amount (if they wish) in court. Your defense would be your evidence of the shape of the carpet at your move in.

Gail
 

BL

Senior Member
Simply reply to the notice in writing stating you decline to pay toward carpet replacement because the carpet was already damaged and was noted on move in . State you are including a copy of the move in document , and include a copy .

Hopefully you won't hear from that LL again , but if you do , as Gail stated , take it to court if needed and make the LL prove the age of the carpet plus why you should have to pay any amount for replacement .
 

FrankJr

Member
The cost to a tenant for carpet replacement in a rental unit is based on the remaining "life" of the carpet....this is generally estimated to be between 5 and 7 years. For example, if the carpet was, say 7 years old when you moved in it had already "outlived" it's useful life.

They can't "make" you liable for this replacement cost. They can, however, consider suing you for this amount (if they wish) in court. Your defense would be your evidence of the shape of the carpet at your move in.

Gail
It did look like it had "outlived" it's life. There were large black spots from the entry to the dining area and living room. We noted on move-in inspection 3 times, and in these different rooms that the carpet was stained.

I don't see the point though of suing me when I noted a stained carpet to begin with. Oh well, it seems like just another apartment complex trying to get more money out of people.
 

FrankJr

Member
Simply reply to the notice in writing stating you decline to pay toward carpet replacement because the carpet was already damaged and was noted on move in . State you are including a copy of the move in document , and include a copy .

Hopefully you won't hear from that LL again , but if you do , as Gail stated , take it to court if needed and make the LL prove the age of the carpet plus why you should have to pay any amount for replacement .
I'm leaning toward doing this. The funny thing is the same document noting the stains in the move-in inspection, is the SAME document, stating that we are responsible for the cost of new carpet AND showing the move-out condition, which basically says what we said..."stained carpet" LOL

I'm hoping I don't hear from them, after sending them this letter. I seem to think, that they would've had to pay us almost $100 from deposit, less remaining water bill, but looked for something to get out of paying it. Regardless, I no longer live there and don't care about getting that money back (thinking does anyone ever get their deposit back) and just be done with them and just call it even. They don't seem to want that, but apparently trying to take advantage of people.
 

Gail in Georgia

Senior Member
"It did look like it had "outlived" it's life. There were large black spots from the entry to the dining area and living room. We noted on move-in inspection 3 times, and in these different rooms that the carpet was stained."

The issue of a carpet outliving it's useful life is dependent on the number of years the carpet has been in place. Older carpet that is well kept can appear new while new carpet can quickly look damaged from food/drinks spilled on it, pets urinating on it, etc..

The issue that comes up in terms of how much a tenant must pay to replace a carpet they have damaged during their rental period is dependant on the actual age of the carpet. If 2 years old and requiring replacement, the tenant would be responsible for 3/5's of the cost of replacement; if 5 -7 years old the tenant would owe nothing as the assumption would be the time period for "useful life" had been exhausted.

IF the landlord claims that the carpet must be replaced because of large black spots then (hopefully) you still have documentation that these were present at move in and you did not cause these.

Gail
 

FrankJr

Member
IF the landlord claims that the carpet must be replaced because of large black spots then (hopefully) you still have documentation that these were present at move in and you did not cause these.

Gail
Yep, have the documentation on our move-in condition.

Thanks Gail!
 

FrankJr

Member
Yes, quite often people leave an apartment in the same or better condition as when they moved in.
Zigner, I did leave the apartment in the same condition as it was in, and instead of getting a portion of my deposit back, I'm getting charged to replace another tenant's mess.
 

BL

Senior Member
Yep, have the documentation on our move-in condition.

Thanks Gail!
I wouldn't let them keep the SD either ,if that's all they are claiming is the stains on the carpet .

In that letter demand the SD return to your new address .

State if it isn't returned in the State's SD return time line ,you will proceed with further legal action to recover it.
 

Kiawah

Senior Member
Maybe they're trying to charge you for the additional stains that you admit adding. Do you have photo's of the carpet condition before and after? Did you have the apartment and carpet cleaned when you vacated?
 

FrankJr

Member
Maybe they're trying to charge you for the additional stains that you admit adding. Do you have photo's of the carpet condition before and after? Did you have the apartment and carpet cleaned when you vacated?
The stains that we caused, were cleaned up, and hardly noticeable. The ones when we moved in were like large black spots, as if a mini vehicle had parked inside the apartment.

Unfortunately, I don't have photos comparing the carpet before and after. We only cleaned the carpet after the minor spills we did, and didn't have the carpet cleaned when we moved out. Nevertheless, we noted large stains in 3 different rooms prior to moving in and didn't feel like it was our place to get them removed. We left the apartment exactly the way it was when we moved in.
 

Searchertwin

Senior Member
The stains that we caused, were cleaned up, and hardly noticeable. The ones when we moved in were like large black spots, as if a mini vehicle had parked inside the apartment.

Unfortunately, I don't have photos comparing the carpet before and after. We only cleaned the carpet after the minor spills we did, and didn't have the carpet cleaned when we moved out. Nevertheless, we noted large stains in 3 different rooms prior to moving in and didn't feel like it was our place to get them removed. We left the apartment exactly the way it was when we moved in.
You admitted to spills and even thou you tried your best, they still were noticeable.
But I would not send them a penny for replacement.
Hopefully, you sent the letter certified. If not send another one stating that you are not liable for full replacement when stains were documented on paperwork that they sign upon moving in. Highlight and send a copy with letter. But you do acknowledge the spills and they can deduct about $100 to have it redone. Than follow advice from BL, "State if it isn't returned in the State's SD return time line ,you will proceed with further legal action to recover it. "
But not the full return of deposit. Because of you own admission, it was still noticeable.
 

Proseguru

Member
You admitted to spills and even thou you tried your best, they still were noticeable.
But I would not send them a penny for replacement.
Hopefully, you sent the letter certified. If not send another one stating that you are not liable for full replacement when stains were documented on paperwork that they sign upon moving in. Highlight and send a copy with letter. But you do acknowledge the spills and they can deduct about $100 to have it redone. Than follow advice from BL, "State if it isn't returned in the State's SD return time line ,you will proceed with further legal action to recover it. "
But not the full return of deposit. Because of you own admission, it was still noticeable.
If he has a statement from when he moved in that the carpet needed replacing and the LL agreed to this fact then it does not matter if he left stains left and right, the additional stains did not lower the value of the carpet. Like Kardashian saying that her rep was ruined by some ad .. that's a hoot.
 

BL

Senior Member
You admitted to spills and even thou you tried your best, they still were noticeable.
But I would not send them a penny for replacement.
Hopefully, you sent the letter certified. If not send another one stating that you are not liable for full replacement when stains were documented on paperwork that they sign upon moving in. Highlight and send a copy with letter. But you do acknowledge the spills and they can deduct about $100 to have it redone. Than follow advice from BL, "State if it isn't returned in the State's SD return time line ,you will proceed with further legal action to recover it. "
But not the full return of deposit. Because of you own admission, it was still noticeable.
The tenant should owe nothing and be refunded full security deposit .

These were pre-existing big black stains in 3 rooms.

The carpet was already damanged .
 

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