normal wear and tear

[kikid]

I was wondering what is considered normal wear and tear? My landlord is withholding my security deposit due to juice stains on the carpet. The juice stains are from my one year old's "leak proof" cups that were knocked over. The carpet is very low quality and not stain resistant in a dining/living room area. Can he take my deposit to replace the carpet? Michigan Security Deposit for permissible uses (554.607) states a security deposit may be used to "reimburse a landlord for damages that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling".I have a one year old I would think juice being spilled is pretty normal.I tried to clean up the stains with stain remover but it all just soaked into the carpet.

 

[Tracey]

Juice stains are not normal wear & tear. NWT is dirt in the carpet from people's shoes, wearing down the finish on the kitchen cabinets, and a few holes in the walls for pictures. However, the question is whether it's reasonable to replace the entire carpet for a small juice stain, rather than just patching the carpet or deducting an amount of money equal to the "diminution in value" of the carpet.

Protest the deductions and offer $50 for diminution. If he says no, sue in small claims court and argue it to the judge.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kikid:
I was wondering what is considered normal wear and tear? My landlord is withholding my security deposit due to juice stains on the carpet. The juice stains are from my one year old's "leak proof" cups that were knocked over. The carpet is very low quality and not stain resistant in a dining/living room area. Can he take my deposit to replace the carpet? Michigan Security Deposit for permissible uses (554.607) states a security deposit may be used to "reimburse a landlord for damages that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling".I have a one year old I would think juice being spilled is pretty normal.I tried to clean up the stains with stain remover but it all just soaked into the carpet.<HR></BLOCKQUOTE>

A one year old spilling juice is normal but unfortunately the resultant stains are not considered normal wear and tear. Maybe your landlord can hire a professional carpet cleaner to first attempt to remove the stains. In the alternative, a carpet company may be able to match the color and type and weave a newer piece in place of the stained one. If the carpet is the cheap low grade type, total replacement may be the only alternative. Negotiate with your landlord to pay for only new carpet in the dining/living room area or a percentage of the total bill based on functional depreciation.

I read the fine print once on those so called "leakproof cups" and discovered that the maker guarantees the product to be free of leaks provided that the user keeps it in an upright position." That is why baby stores sell those plastic sheets that go under the high chair. I call those things drop cloths for lack of a better name.