Landlord charges me carpet repair (house, landlords, living)

[MyCD999]

Landlord charges me carpet repair
I have a problem with my landlord currently, the sewer flooded and created a problem on the wooden floor and carpet in the living room, landlord says he will replace the carpet but will ask me to pay for that because I was negligent and did not stop the water early enough. Can he really do this? I did not noticed the water it happened overnight whole I was sleeping. Thanks for reply.

[Floorist]

Tell him very firmly, no. Unless it was your fault that it ran over.

[spankys bbq]

I think we need to know a few more details. How long did the water run? How far did it run? Is it reasonable to expect that you could have stopped it? Would a magistrate in small claims court take your side or his (be honest with yourself here, its important)?

Toilets running over is a common occurrence. Did you clog the toilet?

Legally, he is entitled to bill you for damage above and beyond normal wear and tear. Negligence is beyond normal wear and tear. If you could have prevented the problem or minimized the damage, he probably is right to ask you to cover the damages. Reading your post, I kind of have to side with the landlord. Not 100% but beyond 50%. Seeing that you were home, it could successfully be argued that you could have prevented or minimized the damage.

I'd recommend talking to him politely and plead your case if you haven't. Don't try to BS him because there is a real good chance he knows better. Landlords see this stuff far more often than your typical homeowner or renter. If there is a plumber, bet there has been a discussion about the cause of the overflow. If its determined to be your fault, find out how old the carpet is and offer to pay the prorated value of it. I believe NC allows you to depreciate scarlet for 5 years, it may be 10. Whatever you do, don't go in with a chip on your shoulder.

[Floorist]

Originally Posted by spankys bbq

I think we need to know a few more details. How long did the water run? How far did it run? Is it reasonable to expect that you could have stopped it? Would a magistrate in small claims court take your side or his (be honest with yourself here, its important)?

Toilets running over is a common occurrence. Did you clog the toilet?

Legally, he is entitled to bill you for damage above and beyond normal wear and tear. Negligence is beyond normal wear and tear. If you could have prevented the problem or minimized the damage, he probably is right to ask you to cover the damages. Reading your post, I kind of have to side with the landlord. Not 100% but beyond 50%. Seeing that you were home, it could successfully be argued that you could have prevented or minimized the damage.

I'd recommend talking to him politely and plead your case if you haven't. Don't try to BS him because there is a real good chance he knows better. Landlords see this stuff far more often than your typical homeowner or renter. If there is a plumber, bet there has been a discussion about the cause of the overflow. If its determined to be your fault, find out how old the carpet is and offer to pay the prorated value of it. I believe NC allows you to depreciate scarlet for 5 years, it may be 10. Whatever you do, don't go in with a chip on your shoulder.

Poster said he was sleeping. Unless the sewer running over was his fault, I don't see how he could be charged.

[DipDog3]

How do you stop the sewer from backup into your house anyways?

[spankys bbq]

I guess I misread that post then. Must have been one helluva sewer problem.

[paulosfm]

Sounds like the sewer problem needs to be addressed first and determine if you or someone in your house was responsible. As mentioned, in a polite way, determine the age of the carpet. It is old and beyond five years, offer to pay half IF you or a household member is responsible. It seems you need to know exactly what caused the sewer backup. This could have been an issue caused by the City's system backing up. Then, the landlord has a beef with the City. If you were asleep when this event was underway, you cannot be held responsible UNLESS the blockage was caused by you or someone in the house. I had that happen because someone put something in the toilet that was not supposed to go in the toilet. Luckily, I caught it before it flooded the house - only the bathroom. Regardless, be polite but firm in your stance IF you are not responsible for the backup in the line.