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  1. #1
    Ladynred is offline Senior Member
    Join Date
    Feb 2002

    Prorating carpet replacement ?

    What is the name of your state? TN

    I've read where a LL charges an exiting tenant for replacement of the carpet for one reason or another. My LL has threatened me with this already and I haven't even moved out yet ! It seems she waltzes into my apt whenever she feels like it w/o giving me notice, then has the nerve to tell me she has 'right of entry'.. but that's another issue.

    I've been in the place 3 years come next March. The carpet in the ground floor and upstairs was brand new when I moved in. I've read that the expected life for carpeting in a place like this is 5 years, is that typical ? I've also read that they can only charge you for the cost of replacing the carpeting on a pro-rated basis. Is this part of landlord-tenant laws, or is it just a generally accepted practice ? I've read the TN landlord-tenant law and it doesn't say anything specific about this sort of thing.

    So, if this 5-year life and pro-rating of replacement costs is typical, then they could really only charge me based on the 2 remaining years of carpet life ??

    I will NOT agree to pay for total replacement costs and let these witches rip me off. The carpet is relatively cheap and I have a pretty good idea what it would cost to replace it.

    Thanks !

  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    red I have seen many rental units with 15 yr old carpet that was in good shape and I have seen 1 yr old carpet look like it came from animal barn If I recall from reading another post of yours did you mention you had pets at one time and possible pet accidents ? You might just for the heck of it go find out what it would cost to replace the carpet with same grade carpet then you could ask the ? what is this carpets life expectancy and see what you can learn before you move . about your LL entering well heres your states law>>>>>66-28-403. Access by landlord. (a) The tenant shall not unreasonably withold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. (b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action (c) The landlord shall not abuse the right of access or use it to harass the tenant. (d) The landlord has no right of access except: (1) By court order; (2) As permitted by 66-28-506 and 66-28-507(b); (3) If the tenant has abandoned or surrendered the premises; or (4) If the tenant is deceased, incapacitated or incarcerated. THIS IS YOUR STATES STATUTE [Acts 1975, ch. 245, 3.103; T.C.A., 64-2833<<<<<< maybe you could print it up and send her a letter telling her her letting her self in without letting you have a reasonable notice some day could not only cause her to lose a but might be seen as a violation of your privacy and enjoyment of the premise ( see if you can coax her with the letter to stay out )

  3. #3
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Somnambulist University
    There are no statutory definitions of what constitutes 'normal wear-and-tear'. I have seen courts find that very clean and acceptable carpet was subject to deductions... and some terribly trashy carpets were not. It is purely up to the courts discretion.... and that can't be foretold.

    In any case, you are also correct that the landlord should only recover the 'depreciated' cost from the tenant (and not the replacement cost). Simply, if a carpet has a life of 5 years, and you were a tenant in the last year of its 'life' AND found liable for damage, your cost should only be for 20% of the carpet cost. However, if the carpet needed to be replaced due to your damage... say in the 2nd year of its life, you would be liable for 80% of the cost (with the landlord having benefited from the 1st year).

    As you can see, your KEYS are going to be:
    - is the carpet damaged enough to be non-recoverable (needs complete replacement)
    - are you liable for the damage
    - the age of the carpet
    - the expected 'life' of the carpet
    - and the cost of replacing the damaged carpet.

  4. #4
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Catatonic State
    you can come to my vacation condo anytime and inspect my carpet.
    You would need to follow the condo house rules though.

  5. #5
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Somnambulist University
    And dare we even ASK what those 'rules' might be???

  6. #6
    CaliCat Guest
    I don't think a landlord should recover anything if it's reasonable wear and tear unless it's clearly stated in the rental agreement. Now a wine stain or excess filth is different.

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