Renters--Have U been charged 4 carpet replacement in NOVA? (apartments, how much)

[Skatergirl]

Lived in apt. for just under two years. Had a three bdrm. 3 bath. Baths and kitchens had tile floors as did the foyer. Upon moving, I was told by the complex manager that I should not worry about the carpet and just clean it as best as I could. I did, and there were a couple of areas that were just very worn and they didn't fare well with cleaning. Now, were being charged for an entire replacement of the carpet which the mgr. is saying is $1,100.

Do I stand any chance in small claims against Ditmar? I have some pix, but not of the entire carpet areas.

Any input??
Thanks.

[VEIK]

how much was your deposit?
Also, what does your lease agreement says about carpet and move out.

(Personally, I would tell them to take a hike. A short sweet letter from your attorney could do the trick as well...)

[eagle7]

I always thought carpet & paint was normal wear/tear & not the tenants responsability.You lived their for 2 yrs & it dont seem right that you should pay to replace the carpet.Read your rental agreement & see what it says.

[ScranBarre]

This might vary from the legal aspects on a state-by-state issue as well. I'm also active on the New Jersey forum, and on there a very popular thread of late has been this one: http://www.city-data.com/forum/new-j...-landlord.html : which references a tenant who is being charged $100 by his landlord to pay for the removal of the lingering curry smell in his unit after he left.

Personally I would closely read all of the documentation you received when you first signed your lease, as it should detail the responsibilities of the tenant as opposed to the responsibilities of the landlord/complex. If you can't find any documentation contained therein stating that a tenant is responsible for wear and tear of carpeting, then you may have an opportunity for legal action, as this was not explicitly stated to you when you signed your agreement. In many cases the landlord/complex will just forget about pursuing the issue if served with a summons in order to avoid the negative publicity and the hassle of going to court.

Best of luck!

[oneasterisk]

Have you already received your deposit back? If you've already received your deposit, then you have a better chance of winning your case IMO. Did you guys do a move-in/move-out checklist? In the move-out checklist, did the manager make a notation about the carpet? Do you have it in writing what the manager said?

How was the condition of the carpet when you moved in? From what I've read, carpet has a useful life of about 10yrs. If the carpet was brand new when you moved in, and is already worn by the time you leave, then that was some extra wear and you'd be responsible for the replacement. It won't be the full amount, but only 75% of the costs. Now if the carpet was installed 7.5yrs before you came, then that carpet has met it's useful life and needs to be replaced anyways so you should not be charged. IANAL though...

[horseplayer]

Exactly, how old was the carpet to begin with. I remember a walk through with an agent about 20 years ago. The carpet was already shot; the electric baseboard heaters had discolored the carpet all along the walls. I tried to check "Poor" on the box and she was very sneaky. 2 years later, they charged me 150 for extra carpet cleaning. I was pissed. I did appreciate the California law that requires landlords to square up with tenants within 15 days of the end of the lease.

[OuttaFlorida]

hehe...Just went through the carpet battle with my rental association. here is what i did:

Dog chewed up a section of carpet in the bedroom. Property manager said we are responsible fo replacing entire carpet throughout the unit (est. $1200).

I said ummm no way, we will replace the carpet for the bedroom. He quoted some VA laws stating the life of a carpet is 7 years and you will be prorated for how old the carpet is, but we can't just replace the one room because it won't match.

I found out our carpet was less than 6 mo's old (matching was not an issue) reviewed our lease (stated nothing in there about carpet replacement for the entire unit if 1 section is damaged) and reviewed the the VA residential and landlord tenant act which these property managers must abide by. Found nothing in there regarding carpet replacement for the entire unit.

Wrote a letter to their corporate office, stating my findings and offering to replace the one room only. Send registered/certified mail to look official, and came to an agreement to just replace the room....and it matches perfectly.

Don't pay for it, do some research of your lease and see if there's anything in there. Offer to get it professional cleaned again or to replace carpet in section...but don't take the full hit.

[OuttaFlorida]

Oh and I just re-read your post....

If you lived there for 2 years and the carpet was BRAND spankin new when you moved in...you can at least prorate the carpet cost for 2 years. So a new carpet is valued at $1200 you need to subtract 2 years (of the legal 7 life years of a carpet) which is $343 less.

If it was worn when you moved it, they'll have to show when the carpet was put in, so that cost may be prorated even more.

At the very least, even if you are held accountable for replacing the carpet because it's in your lease, you have the 7 year rule in your favor somewhat.

[j-elzic]

Hi OuttaFlorida,

Where in the VA Residential Landlord Tenant Act did you find the 7 year rule / "no mention of replacement of entire unit" and how did you go about getting the history of the carpet? I am hoping not to run in the same issue you are having. I have a dog that did a 9" x 14" rip in my carpet. The unit I am about to move into (belongs to the same complex) has a "patch" too resulting from a tear. The previous tenants did not have to have it recarpeted. My carpet is also "buckling" in four areas of 3 rooms. Dare I say "trip hazard"?

[adolpho]

Keep in mind, new carpet will run about 2.50 per sf, for a very basic builder grade (installed w/ pad). So let's say it is 1200 sf of carpet, that will be 3000. Using the 7 year model that would be 429 per year. If it is 4 years old, and they are saying it must be replaced, you would expect a charge of 1287. Higher end apartments could have carpet that would cost twice that amount. Judges are all too familiar with damages done by dogs (and cats).