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Normal wear and tear?

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holidaycheer

Junior Member
North Carolina
Can anyone tell me what "normal wear and tear" would be for carpet? I do not consider pet urine and bleach stains over the entire unit normal wear and tear, am I wrong? What about flooring such as linoleum? Are their years attached to flooring? My tenants cut a hole in the linoleum flooring in the kitchen and bathroom and they said it was old anyways and would need to be replaced. Yes, I believe it is like 13 years old but was in great condition with no marks or tears anywhere and we would not have replaced it had they not cut a hole in it. Any help is appreciated. Thanks!
 
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seniorjudge

Senior Member
Q: I do not consider pet urine and bleach stains over the entire unit normal wear and tear, am I wrong?

A: No, you are not wrong.
 

xylene

Senior Member
Pet stains and bleach damage are not normal, but for the carpet you only get the depreciated value.

The linoleum is another story. Intentional modification of the premises is a big problem. Dide your lease specify that the tenants had no right to modify the unit? That is pretty standard, and even without such a clause you would have a case to make them fix it.
 

BL

Senior Member
Why are the tenants cutting holes in the two room's flooring ?


The following incomplete list is intended as a guide to reasonable interpretation of the differences between expected wear and tear from normal residential use and irresponsible or intentional actions that cause damage to a landlord's property.

Top ones are wear n tear , bottom ones are damage :

Wear & Tear
Damages

Worn out keys
Lost keys

Loose or stubborn door lock
Broken or missing locks

Loose hinges or handles on doors
Damage to a door from forced entry

Worn and dirty carpeting
Torn, stained or burned carpeting

Carpet seam unglued
Rust or oil stains on carpet

Scuffed up wood floors
Badly scratched or gouged wood floors

Linoleum worn thin
Linoleum with tears or holes

Worn countertop
Burns and cuts in countertop

Stain on ceiling from rain or bad plumbing
Stain on ceiling from overflowed tub

Plaster cracks from settling
Holes in walls from kids or carelessness

Faded, chipped or cracked paint
Unapproved (bad) tenant paint job

Loose wallpaper
Ripped or marked-up wallpaper

Balky drapery rod
Broken drapery rod

Faded curtains and drapes
Torn or missing curtains and drapes

Heat blistered blinds
Blinds with bent slats

Dirty window or door screens
Torn or missing screens

Sticky window
Broken window

Loose or inoperable faucet handle
Broken or missing faucet handle

Toilet runs or wobbles
Broken toilet seat or tank top

Urine odor around toilet
Urine or pet odor throughout unit

Closet bi-fold door off track
Damaged or missing bi-fold door
 
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ecmst12

Senior Member
Linoleum I'm sure has a longer life expectancy then carpet, but you can still only charge the depreciated value and not the replacement cost. When you get your quote to replace it, ask what the life expectancy is on the type of flooring you had. Figure out the percentage of life it should have had left, and that's the percentage of the replacement cost you can charge them. You can charge them 100% of the labor.
 

xylene

Senior Member
Linoleum I'm sure has a longer life expectancy then carpet, but you can still only charge the depreciated value and not the replacement cost. When you get your quote to replace it, ask what the life expectancy is on the type of flooring you had. Figure out the percentage of life it should have had left, and that's the percentage of the replacement cost you can charge them. You can charge them 100% of the labor.
Depending on the renters exact actions and the lease terms, I might imagine that the landlord has a case for the cost of restoring the apartment after the tenants intentionally modified it.
 

ecmst12

Senior Member
Tenant destroyed the flooring and it needed to be replaced, ok. But landlord does not get to replace 13 year old flooring with BRAND NEW flooring and charge 100% of the cost to the tenant. That would be charging them to IMPROVE the premesis, not simply restore it.
 

xylene

Senior Member
Tenant destroyed the flooring and it needed to be replaced, ok. But landlord does not get to replace 13 year old flooring with BRAND NEW flooring and charge 100% of the cost to the tenant. That would be charging them to IMPROVE the premesis, not simply restore it.
Actually, if that is what the tenant agreed to in their lease... then the tenant would be responsible.

Regretably the poster has not come back with the exact lease clauses.

If they are using something like a standard landlord handbook lease, then the tenant probably agreed to undo intentional modifications to the apartment.

I am also unclear exactly what the tenants did, which is also a part of it. If they remolded the kitchen, well... the landlord probably has recourse to get it back the way it was, not just the value of what was there.
 

holidaycheer

Junior Member
normal wear

I apologize, December was a crazy month. Ok, so what if the carpet is 5 years old but has a life expectancy of 10 years. Since it is at the 5 year mark does that mean that we will be paying for new carpet ourselves every 5 years? And the same for the linoleum? There wasn't anything wrong with the carpet or linoleum before they moved in but when they moved out all of the flooring in the whole house had to be replaced.

Also, we had a dishwasher in the house that was put in new for those tenants when the one that was there stopped working. It was almost two years old when they moved out. When we did our inspection, we noticed that the dishwasher was not working, had smelly stagnet water in it and was taken apart inside. They state that it was broken through no fault of their own and will not be paying anything for it. First of all, the dishwasher didn't take itself apart and second, why didn't they call us to come and fix it?

We have the leases on a jump drive at home so I do not have access to them at this moment to see what the exact wording is. And is it "written" anywhere (legally) what is considered to be normal wear and tear? I loved the list that was posted, so thank you.
 

Alaska landlord

Senior Member
If they trash out a 10 year carpet in 5 years and you find you have to replace it, then you charge for half its value. I would charge the tenant the cost of having to buy a new one. Deduct it from their SD and let them fight you in court if they wish.
 

ncpropmgr

Member
Most carpet in rental units has a five year life and you'd have a hard time proving otherwise in court. However, vinyl is a different story, it doesn't have a life in a NC court...if it is damaged, you can charge full price for replacement. Good luck!
 
Most carpet in rental units has a five year life and you'd have a hard time proving otherwise in court. However, vinyl is a different story, it doesn't have a life in a NC court...if it is damaged, you can charge full price for replacement. Good luck!
I disagree... Many manufactures of carpet for residentual homes have a 10 year warranty and life expectation if cared for properly.
 

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