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Old 04-24-2013, 07:24 PM
 
9 posts, read 40,607 times
Reputation: 11

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Hi, I've been at my apartment for 1 year. Even though our lease said new carpets, the carpet in our bedroom was definitely very old. the seam at the door was fraying slightly but not enough to be "damaged". a few months into living there, we were vacuuming and went over the area and it pulled and is now considered damaged. Around the same time, the heater leaked over a large area of the carpet. We called the landlord right away to show him the leak and at the same time the fraying. He said not to worry about it, that it was a 20 year old carpet and he'd take care of it.

Unfortunately, we didn't get anything in writing and now a week before we're moving out, they told us that we need to replace the carpet or it will be taken out of the security deposit. I have seen online that they can't charge us the full cost of replacing the carpet since the existing carpet was 20 years old and already had minor stains upon us moving in.

I feel like I need to have an official legal document stating that, but I can't find anything. I looked at the new jersey tenant law and it doesnt specify. If anyone can tell me, it would be a huge help!
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Old 04-25-2013, 05:35 AM
 
50,470 posts, read 36,126,975 times
Reputation: 76349
I would post this on the renters forum, I think it's under Real Estate
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Old 04-25-2013, 11:04 PM
 
1 posts, read 683 times
Reputation: 10
I am not a lawyer and this is not legal advice. If you have any proof at all of the state of the carpet when you moved in, keep it. Take pictures now anyway to show that the carpet is clearly old, and thus you should not be responsible for its replacement. I donT know Nj law.. But if generally if they deduct the cost of replacing the carpet, you will have to contest it and sue them in small claims court if they don't cave.
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Old 04-27-2013, 06:06 PM
 
612 posts, read 1,009,524 times
Reputation: 406
Quote:
Originally Posted by Jsilletti View Post
Hi, I've been at my apartment for 1 year. Even though our lease said new carpets, the carpet in our bedroom was definitely very old. the seam at the door was fraying slightly but not enough to be "damaged". a few months into living there, we were vacuuming and went over the area and it pulled and is now considered damaged. Around the same time, the heater leaked over a large area of the carpet. We called the landlord right away to show him the leak and at the same time the fraying. He said not to worry about it, that it was a 20 year old carpet and he'd take care of it.

Unfortunately, we didn't get anything in writing and now a week before we're moving out, they told us that we need to replace the carpet or it will be taken out of the security deposit. I have seen online that they can't charge us the full cost of replacing the carpet since the existing carpet was 20 years old and already had minor stains upon us moving in.

I feel like I need to have an official legal document stating that, but I can't find anything. I looked at the new jersey tenant law and it doesnt specify. If anyone can tell me, it would be a huge help!
Document everything you can with pictures. I recently vacated a house and was forced to file a lawsuit against my landlord to recover the security deposit. It sucks that it comes to that but sometimes, its necessary. Btw...I won...easily.
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