Tenants Carpet Responsiblities in OR (Portland: real estate, rental, attorneys)

[Aerona]

I just recently moved out of the home I had been renting for 13 years. My landlord is keeping my security deposit and has sent me a bill for an additional $500 for replacing the carpet that is 15+ years old. Can my landlord make me pay the cost of a carpet that had a 10 year warrenty?

[fearnofish]

If your landlord wrongfully keeps part or all of the money, you have up to one year to settle the matter or file a lawsuit for up to twice the amount of the money your landlord kept.

Your landlord cannot charge you for normal wear and tear. Moreover, your landlord can only charge you for repairs that he or she documents. In Oregon there is no minimum or maximum amount your landlord can charge for the security deposit.

Fees and Deposits

I have not found anything specific to carpet as other states have so far. Anyone can claim to know if you are liable or not but without a credible source it means nothing. If I find one I will repost. I am also looking for the states definition of 'normal wear and tear'.

(7)(a) The landlord may claim from the security deposit only the amount reasonably necessary:
(A) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and...
...Any labor costs the landlord assesses under this subsection for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the landlord’s own performance of cleaning or repair work...
http://www.leg.state.or.us/ors/090.html

I can not find anything other than "carpet faded or worn thin from walking" (http://www.hud.gov/offices/adm/hudcl...1gApp5GUID.pdf page 5) stating what is legally considered normal wear and tear. If it were me I would take my landlord to court arguing that after 15 years of rental I was not liable to pay for new carpets in a house and claim all damages to them to be of normal wear and tear over a 15 year period. I am willing to bet you will win that case.

[DutchessCottonPuff]

Thanks for these links,, the same thing is happening to me also just outside of Portland proper. I had a great move out walk with the management even COMPLIMENTING me on the carpet/ general cleanliness .. then 6 hours later the Manager herself was knocking at my door ( I moved into a smaller unit same complex to try to lower my housing costs ) claiming the carpet was soaking wet and had black mold all UNDER it. I saw nothing like that at all and took pics of my entire apt before I left . Strange.. I too have also been charged $500 in adition to my security deposit and I still have to live here 3 more horrible months..

[Silverfall]

I think your landlord would have a hard time winning that case. The average life of rental grade carpet is 5-10 years. It is a normal maintenance item, like replacing a roof and is part of normal landlord rental expenses. They can't charge you for normal wear and tear and after 13 years...normal wear and tear will happen.

This doesn't apply if you stained the carpet or had pets that damaged the carpet.

[oldtrader]

As a former Commercial Real Estate Broker, and president of a county wide Rental Owners and Managers Association for 3 years, and having worked with attorneys and courses I took, I learned you are responsible for any damage you cause, but not for normal wear and tear. 15 year old carpet where you have lived for 13 years, is expected to be needing replacement and that is not because of normal wear and tear. lf you have torn it, let a pet damage it, etc., it is your responsibility.

For a breakdown of Oregon deposits, go to

Deducting Cleaning and Repairs Costs From a Security Deposit | Nolo.com

Getting your deposit

Get Your Security Deposit Back | Nolo.com

If the carpet was worn out due to age, take it to small claims court and as the carpet is 15 years old and you have been a tenant for 13 years, you will probably win the case depending on how good a job you do making your case. As a long term landlord, and property manager, I would not want to go to court against you.

[Floorist]

Originally Posted by Silverfall

I think your landlord would have a hard time winning that case. The average life of rental grade carpet is 5-10 years. It is a normal maintenance item, like replacing a roof and is part of normal landlord rental expenses. They can't charge you for normal wear and tear and after 13 years...normal wear and tear will happen.

This doesn't apply if you stained the carpet or had pets that damaged the carpet.

Actually the accepted life span of a carpet is only 5-7 years, according to the CRI. So that 10 year old carpet is depreciated out. No way making the tenant pay for it would stand up in court.

[lehn smith]

My landlord charged me carpet replacement fee of $900 for apparently animal stain and smell.On his invoice it stated carpet was replaced in bedrooms and living room where the living room didnt even had a carpet.My dog was not allowed in our bedroom at all and when i had my landlord agent did a walk through before i even hired a professional carpet cleaner he said that the house was in good condition and its only normal wear and tear.He even mentioned that the landlord is already planning to replaced the carpet anyways even i havent moved out yet.We only lived there for a year and after the carpet was clean i checked and it was spot clean.And now i received an invoice of all these charges that doesnt even exist.What should i do?

[oregonwoodsmoke]

Originally Posted by lehn smith

My landlord charged me carpet replacement fee of $900 for apparently animal stain and smell..........

Well, you had a pet and pet smells often aren't obvious until after the house has been closed up for a couple of days. $900 is most likely a prorated charge and not the full cost, especially if subfloor damage had to be repaired.

If you think the charge is unfair and if you have proof that you left the carpet stain-free and pet odor-free, then you can always take the landlord to small claims court and see if the judge will order him to give you your money back. You will have to present some sort of proof, not just your own word that the carpet was left in good condition and free from odor.

[libra11254]

We have a rental where the carpet is over 10 years old, but was in good condition ~ no stain or pet damage. Our last tenant moved out after 4 1/2 years and destroyed the carpet with stains, including pet urine. Do we have a leg to stand on to recoup any cost of replacing pad and carpet?

[Floorist]

Originally Posted by libra11254

We have a rental where the carpet is over 10 years old, but was in good condition ~ no stain or pet damage. Our last tenant moved out after 4 1/2 years and destroyed the carpet with stains, including pet urine. Do we have a leg to stand on to recoup any cost of replacing pad and carpet?

Probably not. Do you have before and after pictures?