Damage to Carpet

[JETX]

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?

Why are you still here whining about this?? If it will make you feel any better...
"Of course, you are 100% correct in that the landlord has tried to screw you by inflating the damage deductions from your deposit".

Now, with that... what are you going to do??
The only thing you can do.... and as noted SEVERAL times already in this thread is to file a small claims action against the landlord. As Nike said..... "JUST DO IT!".

From earlier posts in this thread:
"Your only recourse is to file a small claims suit against them.... and present your case to the court."
"This is what I will argue in small claims court. Perhaps you may choose to do the same."
"I have argued the same argument before in court and won."

 

[south]

And that is no ones fault except yours and a lesson to be more careful with other peoples property in the future.

And it should be that way only your carelessnes gave them a new carpet.

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?

 

[acmb05]

regardless of how it got torn

The tenant is only responsible to replace a carpet that is equal in value to the carpet that was destroyed. The landlord cannot charge for a new carpet to replace a cerpet that was 13 years old.

Take them to court.

And check with the oil company to see how much fuel was in the tank when you first moved in and then ask for the difference.

 

[JETX]

The landlord cannot charge for a new carpet to replace a cerpet that was 13 years old.

WRONG!!
The landlord can charge anything they want.
If the tenant doesn't agree with the charge(s), as in this case, the tenant can file a lawsuit. The court will then review the matter and render a verdict.

And check with the oil company to see how much fuel was in the tank when you first moved in and then ask for the difference.

Already suggested by others.

 

[pkking]

I know that here in Alabama that you must depreciate the value of the carpet. For example there are differate grades of carpet and there is one called apartment grade and the estimated life time of this grade is 5 years, therefore our courts will only allow replacement cost less depreciation, in your case the carpet would be over 5 years old so no replacement cost would be awarded. Also if your state does not allow for depreciation, check your lease to see if it states "normal wear and tear" allowed if so than they should only be able to charge you for the room that had the damage. Check your local laws, if you have time and resources review other court cases in your area to see the outcome. Curiosity, who expects carpet to last over 10 years in a rental property, much less over 5 years?

 

[JETX]

I know that here in Alabama that you must depreciate the value of the carpet.

WRONG. The landlord SHOULD depreciate, and a court would likely order same, but there is NO statute in Alabama that says a landlord "must depreciate teh value of the carpet".

Bottom line... as said MANY times in this thread... If the OP doesn't agree, file a lawsuit. That is the ONLY way to settle this.

 

[acmb05]

no kidding

WRONG!!
The landlord can charge anything they want.
If the tenant doesn't agree with the charge(s), as in this case, the tenant can file a lawsuit. The court will then review the matter and render a verdict.

which is why I said take them to court.

Already suggested by others.

I know it was I was only reitterating that they should ask for that in court also. It just seemed that the answer as of late have been about the carpet only since that is the bigger cost.

 

[Gadfly]

A judge needs to decided how much (if anything) you owe for the carpet.

Hope you have pictures to back up your claim.

That being said it would be hard to believe that a landlord would have spent the money back when to install commercial grade carpet so my opinion would be that the carpet was at end of lif.e