Damage to Carpet

[raisin3]

What is the name of your state? PA
My husband and I along with our 3 small children lived in a 2 bdroom home for the past 6 yrs. We have recently purchased our first home (yes with lots more room). Upon vacating the rental property we damaged the carpet in the living room. I understand from my landlords that this carpet was in the property during the 2 previous tenants with a total time of 5 yrs. My questions is can they deduct the entire amount of the new carpet from our security deposit or do they have to consider the condition and depreciation value of the carpet over the years? I'm assuming they would have had to replace the carpet sometime in the near future, but should all of it be at our expense? Also, our landlords stated that we had to fill the oil tank prior to vacating. They said this was a verbal agreement we made upon the first year. I did not recall this agreement and checked the lease, there was not anything stating such an agreement either. But trying to be of good faith I did put in 1/2 a tank as we were exhausting additional costs moving into our new home. They then deducted from our security the additional cost to fill the tank. The description states "cost of complete filling of oil tank as per verbal agreement at beginning of lease between landlord and tenant". Can they do this? Please help as I am very upset with this situation.
Thanks for any advice.

 

[BL]

You will now have to take the LL to Court , and dispute the deductions .

I can't see where the Judge would agree outside the lease you owe for fuel , but since you filled 1/2 he may decide you did have a verbal agreement .

Also, you are correct , depending on the quality of the carpet , and condition upon move it , the LL has to take that into account .

Let him prove both with holdings to the Judge , and let the Judge decide what is fair .

IMO , you are in the right .

 

[JETX]

My questions is can they deduct the entire amount of the new carpet from our security deposit or do they have to consider the condition and depreciation value of the carpet over the years? I'm assuming they would have had to replace the carpet sometime in the near future, but should all of it be at our expense?

Yes, they CAN deduct for the carpet damage. However, how much will be up to a court to decide. Your argument should be that the carpet 'damage' was normal wear and tear... considering its age.

Can they do this?

Of course they can... since they did.
Question: Was the oil tank FULL when you took possession?? If so, then they would likely have a good argument that it should be full on your vacating. If it wasn't full... then the argument might go your way... as they will be unable to prove that such an agreement existed.

Your only recourse is to file a small claims suit against them.... and present your case to the court.

 

[south]

Before 'YOU' damaged the carpet would the landlord HAVE to have replaced that carpet that day if you had not damaged it or would the carpet have been good for a clean and another tenant?

Try not to give a biased answer you will only be fooling your self.

 

[raisin3]

No, I'm sure they would not have had to replace the carpet at that time, but the carpet had been at least 11-13 yrs old and I'm sure they would have had to replace the carpet in the near future because there were signs of wear and tear and the seams were coming apart. I am not disputing having to be charged for ANY part of the replacement, but I don't see how they can charge full replacement to a carpet that would more than likely have to be replaced in two to three years. I thought the amount should have been prorated between both.

 

[LandlordVictim]

Damage to carpet

Hello,

I am not a legal professional, but I do have some opinions to share.

Factors to consider in your landlord/tenant situation:

Oil tank: Upon vacating, the tenant is responsible for leaving the tank as full as it was at the time of initial occupancy (as is required when one rents a car). Find out the tank level by researching bills and calling the service provider.

Carpet: The landlord cannot expect to have old replaced with new at the tenant’s expense. Consider deductibles for any renter’s insurance and/or homeowner’s insurance, repair cost, replacement cost, and fair wear and tear (expected life expectancy of the carpet, age and condition of the carpet at commencement of the tenancy, normal wear and tear during occupancy, and depreciation). If the carpet still has use-life, then the tenant should pay for repair not replacement, or a proportion of the cost of an equivalent replacement.

If you cannot negotiate a settlement with the landlord, you may need to resolve the issues in small claims court.

Due to its relevance to your questions, I have reposted the thread: Does Tenant Owe Insurance Deductible? (12/9/05)

I have a similar situation whereby the landlord withheld my security deposit to cover insurance deductible for replacement of wall-to-wall carpet. I hope this information will be helpful in your case.

The carpet was dirty, worn and exhausted its useful life of 20 years. My roommate spilled hot grease and burned a small area about one sq foot. Initially the landlord agreed for me to use a remnant to repair the carpet. Then the landlord decided to use homeowner’s insurance which covered replacement.

In my opinion, my landlord is not entitled to full compensation for carpet replacement by withholding my security deposit to cover the insurance deductible. This would be considered “betterment”, which means a landlord cannot expect to have old replaced with new at the tenant’s expense The tenant should pay for repair not replacement, or a proportion of the cost of an equivalent replacement, taking into account the fair wear and tear (expected life expectancy of the carpet, age and condition of the carpet at commencement of the tenancy, depreciation).

This is what I will argue in small claims court. Perhaps you may choose to do the same. Good luck, keep up the good fight, and happy New Year!

 

[raisin3]

Security Deposit Interest Bearinig Account

PA
I just found out that in the state of PA a landlord is responsible to place any security deposits into an interest-bearing bank account. At the end of the third year the landlord must start giving you the yearly interest that is received from the bank, less a 1 percent fee that the landlord may keep. My husband and I lived in the rental property for 6 yrs and 2 mths. Hmmm, wonder what happens to a landlord who fails to follow the landlord/tenant act??? Not that I really care about the tiny dollars it may have been, but it's the whole entire current situation with my landlords and how they kept our entire security deposit.

 

[BL]

PA
I just found out that in the state of PA a landlord is responsible to place any security deposits into an interest-bearing bank account. At the end of the third year the landlord must start giving you the yearly interest that is received from the bank, less a 1 percent fee that the landlord may keep. My husband and I lived in the rental property for 6 yrs and 2 mths. Hmmm, wonder what happens to a landlord who fails to follow the landlord/tenant act??? Not that I really care about the tiny dollars it may have been, but it's the whole entire current situation with my landlords and how they kept our entire security deposit.

I bet there are many LL's that don't follow that Law as well as many others they have an obligation to .

I suppose , If you ended up in court , and you could show in writing , you demanded that those obligations be meant , the Judge would take those into consideration , when deciding any awards .

Heck I've demanded rent receipts as per law , for the M/O's I send , ya think I got any ? At least I have a copy of the demand Letter for them .

 

[south]

The fact is the landlord had more wear and tear in that carpet and ordinarily did not have to take on the expense of paying for a new one right now and should not have to either.

How old the carpet has no relevance, if for example the carpet was 20 years old but any renters that had been in there hardly walked on it or had a maid service keeping it clean and well preserved does not mean you can come in and damage it and then expect the landlord to pay towards a new carpet that otherwise was fine before you ruined it.

The carpet does not need replacing because of wear and tear it needs replacing because you ruined it.

I have argued the same argument before in court and won.

No, I'm sure they would not have had to replace the carpet at that time, but the carpet had been at least 11-13 yrs old and I'm sure they would have had to replace the carpet in the near future because there were signs of wear and tear and the seams were coming apart. I am not disputing having to be charged for ANY part of the replacement, but I don't see how they can charge full replacement to a carpet that would more than likely have to be replaced in two to three years. I thought the amount should have been prorated between both.

 

[raisin3]

I guess you didn't see my earlier response as to the seams coming apart. There were signs of wear and tear when we moved in. A family with two children lived just prior to us. But none the less...I could argue that they could have just repaired the carpet. You see as we were moving out of the house we had the bed rails in the living room as my husband picked up the bed rail it caught on one of the pulled threads off the carpet and tore it up. When we called them right away to tell them about it the LL said not to worry they would work with us on the cost since the carpet had been in the house for so long already and it would soon be time to get a new one.

 

[south]

The landlord thought about it and changed his mind.

I guess you didn't see my earlier response as to the seams coming apart. There were signs of wear and tear when we moved in. A family with two children lived just prior to us. But none the less...I could argue that they could have just repaired the carpet. You see as we were moving out of the house we had the bed rails in the living room as my husband picked up the bed rail it caught on one of the pulled threads off the carpet and tore it up. When we called them right away to tell them about it the LL said not to worry they would work with us on the cost since the carpet had been in the house for so long already and it would soon be time to get a new one.

 

[raisin3]

Try not to give a biased answer you will only be fooling your self.

I can see that you are biased in your replies.
I have not denied not being responsible for part of the replacement of the carpet, but just because they replaced the WHOLE entire carpet because of a pull that was already in the carpet and one of the bed rails caught it as we were moving does not consitute the entire cost on us. I've already checked into it with the state reps and the LL must consider the condition of the carpet prior to damage and the life span that remained in the carpet. I just don't think they should get a complete free carpet out of us. They can't have it all. But thanks for your input. I am a fair person and always think outside the box and look for advice from others before jumping to conclusions and it seems that I have majority on my side.
Oh by the way, there was nothing wrong with the padding, but they replaced that too. Should I have been responsible for that?????

 

[south]

You sound like you only want to hear an answer if it backs up your post.

It has nothing to do with being bias, I do not know you there for do not really care less, I am giving you an answer how you perceive it is up to you.

The fact is the landlord should not have to pay towards a carpet that if you had not damaged would have still been good for the next tenant.

I can see that you are biased in your replies.
I have not denied not being responsible for part of the replacement of the carpet, but just because they replaced the WHOLE entire carpet because of a pull that was already in the carpet and one of the bed rails caught it as we were moving does not consitute the entire cost on us. I've already checked into it with the state reps and the LL must consider the condition of the carpet prior to damage and the life span that remained in the carpet. I just don't think they should get a complete free carpet out of us. They can't have it all. But thanks for your input. I am a fair person and always think outside the box and look for advice from others before jumping to conclusions and it seems that I have majority on my side.
Oh by the way, there was nothing wrong with the padding, but they replaced that too. Should I have been responsible for that?????

 

[raisin3]

However, through the signs of wear and tear over a 13 yr period one could argue the carpet be replaced, however, i did feel that it had at least 2-3 yrs left that they could have possibly waited, but after replacing the carpet now at our complete expense do you think they will replace it 2-3 yrs? No, therefore, they got a new carpet from us for free. It shouldn't be that way. I'm sorry your reply seemed to be of a sarcastic nature. As far as changing their minds??? Well, they also said that we had a verbal agreement that we (the tenants) would fill the oil tank upon vacating. There is nothing in our lease that stated such an agreement and i don't recall such an agreement from over 6 yrs ago, but she also deducted that from our security deposit for that as well. So are you saying that the LLs have a right to pick and choose what "verbal" agreement they opt to stick to at their convenience?

 

[raisin3]

Hello,


In my opinion, my landlord is not entitled to full compensation for carpet replacement by withholding my security deposit to cover the insurance deductible. This would be considered “betterment”, which means a landlord cannot expect to have old replaced with new at the tenant’s expense The tenant should pay for repair not replacement, or a proportion of the cost of an equivalent replacement, taking into account the fair wear and tear (expected life expectancy of the carpet, age and condition of the carpet at commencement of the tenancy, depreciation).

This is what I will argue in small claims court. Perhaps you may choose to do the same. Good luck, keep up the good fight, and happy New Year!

Thank you for you sincere suggestions...I will keep all this in mind. Hope all goes well in your case.