Landlord wants carpet paid for...

[Kelso]

Moved in to a hose 5 years ago. Previous renter still had moving truck in the driveway when we got the keys. Previous renter said that the owner wanted to replace the carpets while he was there but they could never agree on a time.

So landlord asks since we have kids and two dogs if we didn’t mind them replacing the carpets after we moved out? This was a phone conversation and nothing in writing sadly. So 5 years go by and we move out.

Landlord is upset that our dogs have stained the carpet and that it basically needs replacing. This is original contractor grade carpet that is nearly 10 years old. I feel that the landlord is trying to get new carpet which they should have replaced anyhow, on my dime.

What’s the typical life of contractor grade carpet? Moderate to heavy traffic there was 9 of us. While the dogs may have stained the carpet some, The carpet was almost 10 years old.

Looking for a bit of a sanity check. I’m just about to the point of letting things get settled in court.

Security deposit was $2500 plus $400 per dog pet deposit.

Any help comments or advice would be appreciated.

 

[Shadowbunny]

I'm sorry... this forum is for US law only. If you're in the US, please tell us your state.

 

[Kelso]

I'm sorry... this forum is for US law only. If you're in the US, please tell us your state.

NC US

 

[reenzz]

So you agreed to replace the carpeting in exchange for allowing kids and pets...and now you want to reneg on that agreement?

 

[Shadowbunny]

Moved in to a hose 5 years ago. Family still had moving truck in the driveway when we got the keys. Previous renter said that the owner wanted to replace the carpets while he was there but they could never agree on a time.

So landlord asks since we have kids and two dogs if we didn’t mind them replacing the carpets after we moved out? This was a phone conversation and nothing in writing sadly. So 5 years go by and we move out.

Landlord is upset that our dogs have stained the carpet and that it basically needs replacing. This is original contractor grade carpet that is nearly 10 years old. I feel that the landlord is trying to get new carpet which they should have replaced anyhow, on my dime.

What’s the typical life of contractor grade carpet? Moderate to heavy traffic there was 9 of us. While the dogs may have stained the carpet some, The carpet was almost 10 years old.

Looking for a bit of a sanity check. I’m just about to the point of letting things get settled in court.

Security deposit was $2500 plus $400 per dog pet deposit.

Any help comments or advice would be appreciated.

So the typical life of a carpet isn't going to exceed 10 years unless it's really high-end carpet. You'll want to familiarize yourself with NC landlord/tenant laws if the LL tries to withhold your security deposit due to damage to the carpet: https://www.ncrec.gov/Brochures/Print/tenant.pdf

 

[Shadowbunny]

So you agreed to replace the carpeting in exchange for allowing kids and pets...and now you want to reneg on that agreement?

I'm not sure what you took from the OP to come to that conclusion.

 

[reenzz]

I'm not sure what you took from the OP to come to that conclusion.

OP lives in a private house. Most landlords who own less than 10 homes are exempt from FHA laws.

https://fairhousing.foxrothschild.com/2013/04/articles/fha-basics/

 

[adjusterjack]

OP lives in a private house. Most landlords who own less than 10 homes are exempt from FHA laws.

https://fairhousing.foxrothschild.com/2013/04/articles/fha-basics/

But not from state security deposit laws which apply to every landlord down to a single rental.

Here's NC's security deposit statute.

https://law.justia.com/codes/north-carolina/2016/chapter-42/article-6/

 

[Kelso]

So you agreed to replace the carpeting in exchange for allowing kids and pets...and now you want to reneg on that agreement?

No. Landlord said that they would replace after we moved out now Lanlord is reneging and wanting compensation for replacement.

 

[LdiJ]

No. Landlord said that they would replace after we moved out now Lanlord is reneging and wanting compensation for replacement.

The landlord was hoping to convince someone to accept the carpet again, just like you did. The landlord is now frustrated that he has to replace the carpet and wants you to pay for it. Point out to the landlord that the carpet is will past its depreciable life and that you will sue him if he does not return your security deposit.

 

[Kelso]

The landlord was hoping to convince someone to accept the carpet again, just like you did. The landlord is now frustrated that he has to replace the carpet and wants you to pay for it. Point out to the landlord that the carpet is will past its depreciable life and that you will sue him if he does not return your security deposit.

I believe you’re correct here. Landlord should have replaced carpet a few years back. I believe contractor grade carpet only last 5 years at best under heavy wear.

 

[Shadowbunny]

OP lives in a private house. Most landlords who own less than 10 homes are exempt from FHA laws.

https://fairhousing.foxrothschild.com/2013/04/articles/fha-basics/

What in the world does that have to do with anything? And why didn't you answer the question I actually asked?

 

[STEPHAN]

If I understood correctly you agreed to replace the carpet. This carpet by now would have been max. 5 years old.

Why would you break your agreement and not stick to your word?

 

[Kelso]

If I understood correctly you agreed to replace the carpet. This carpet by now would have been max. 5 years old.

Why would you break your agreement and not stick to your word?

The landlord was the one saying that they would replace the carpet when we moved out. I can see I worded it weirdly in my original post.
Why would I offer to replace someone else's worn out carpet?