Tenant damages carpet

[rockymtns]

What is the name of your state? Arizona

The tenant (no written rental agreement, as it was month-to-month) damaged the light tan wall-to-wall carpet with red Kool-Aid and then tried unsuccessfully to get it out and also bleached big spots in the process. The home was under contract for sale to a buyer, and the contract includes verbiage that the home will be in "substantially the same condition" as of the original contract date.

Buyer insisted the carpet be replaced, so seller/landlord paid it out of closing funds. Former tenant now refuses to reimburse landlord/seller for the carpet replacement
($1,600). Seller is thinking of filing in small claims court; does seller have a valid claim against tenant?

Thanks for input.

 

[Zigner]

If this tenant had been a tenant for 10 years with the same carpet, then you likely have no claim, as the carpet was not worth $1,600.00.
However, if the tenant had been there a short period of time, then you may have a claim.
Based on your post, it sounds like a case worth taking to small claims...

(Have you made any adjustments based on the deposit you have from the tenant?)

 

[xylene]

Even if that carpet was brand new, you only get the depriciated value, not the cost to replace the carpet.

Your side deal with the buyer on the homes condition doesn't change any of that or add obligation to the tenant.

 

[rockymtns]

Thank you so much for your speedy replies!

The tenant had only been there a month, and knew the house was under contract and that it had to be well cared-for -- although were not aware of the specifics of "substantially the same condition". Landlord had basically done them a favor to let them move in while they finished building their new home.

The point on the depreciation of a 7 year old carpet is a good one to take into consideration, as well.

 

[LindaP777]

Tell the tenant to to file a claim with their insurance company.
Once my son accidentally damaged a sink in my sisters house (long story, but it was an accident) and my insurance covered it.

 

[Alaska landlord]

Depending on how bad the bleach stains were, you could have called a carpet company to dye the spot or possibly the whole carpet to a color that would match throughout.

 

[Who's Liable?]

OP needs to get several written quotes for different contractors for the cost of replacing JUST the section of the carpet that is damaged. That is all they are entitled to, NOT the cost of new carpet through-out the house.