Definition of Wear and Tear--carpets (apartment, rental, how much)

[sugrajo]

I have rented a room in my basement to a tenant for the past three years. During that time, she has never vacuumed the carpet--not once. The off-white carpet was almost new when she moved in, and now it's filthy--dust, spots, etc.--just as you'd expect an off-white carpet to look if it hasn't been vacuumed for three years.

Of note is the fact that two years ago a water main from the street broke, causing some water damage to the carpet. Once all of the tenant's stuff was temporarily moved out, I hired a professional company to come in and run giant fans under the raised-up carpet, spent an extra bunch of money for mold abatement, had new carpet padding put in under the rug, etc. I also had the carpet professionally cleaned at that time.

My tenant is now moving out, and she says that I shouldn't be able to deduct the cost of professional carpet cleaning from her security deposit because all of this dirt and dust is normal wear and tear. I explained that she as the tenant also has the responsibility to maintain the room to a reasonable degree, and that she has violated that due to not vacuuming for three years.

So, my question is: would the fact that she didn't vacuum for three years count as normal wear and tear? I certainly don't think so! The Oregon law is very vague on this.

Any assistance would be greatly appreciated.

Thanks,
Sue

[oregonwoodsmoke]

Dirt is not normal wear and tear. Tenants are responsible for removing all the dirt that they brought in.

However, Oregon law is very specific about carpet cleaning. You can charge for carpet cleaning only if the carpets were professionally cleaned (or brand new) before the tenant took possession. It must say in the rental agreement that the tenant will be charged for carpet cleaning. You can deduct the actual cost and can not charge a "carpet cleaning fee" (non-refundable fee charged to the tenant at the time the lease is signed)

Oregon landlord tenant law is on-line and i suggest you read it all and take notes. There have been some unfortunate and unreasonable changes that go into effect this year and I suspect that there are going to be a lot of landlords getting in trouble for not keeping up with the changes in law. The new laws are counter-intuitive and completely counter to good screening methods. Please read up before you start looking for you next tenant.

[Sherwoody]

As both a landlord and a tenant (temporarily) I can speak from both sides. As a landlord I am done with carpets and have switched to tile and laminate. Even if you are lucky enough to get a tenant that treats your home as if it were there's, carpet just wears to quickly. With tile and/or laminant (if you choose correctly), you can replace any damaged areas without having to replace the whole room or home.

As a tenant I'd like everything discussed upfront and in writing. Most places I've rented in Oregon have clearly stated the carpets were professionally cleaned for me before moving in and a cleaning fee will be assessed upon my leaving. I have had some landlords try to charge me for damage that was already there on a number of occasions but have always kept photographic records of any damages we found at the time of move-in.

I suggest both owners and tenants have there own photos to rely on. I also suggest you make a annual or biannual inspection of the interior a part of your rental agreement. You may be surprised how much better the tenant will keep your property knowing you'll be in to check on it. Good luck, now and in the future.

[Floorist]

Is this room you are renting, a legal apartment? If not, you are better off keeping quiet.

[Steve Pickering]

Originally Posted by Floorist

Is this room you are renting, a legal apartment? If not, you are better off keeping quiet.

Also are you paying taxes on the income. If not, you won't be able to go to court.

[BendLocal]

Carpet cleaning mentioned in 7(c)(A) here -

ORS 90.300 - Security deposits - 2011 Oregon Revised Statutes

[Steve Pickering]

(c) Defaults and damages for which a landlord may recover under this subsection include, but are not limited to:
(A) Carpet cleaning, other than the use of a common vacuum cleaner, if:
(i) The cleaning is performed by use of a machine specifically designed for cleaning or shampooing carpets;
(ii) The carpet was cleaned immediately before the tenant took possession; and
(iii) The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as described in ORS 90.147 (Delivery of possession).

[BendLocal]

This Q&A on Avvo is interesting -

Is it legal for my landlord to keep money from my security deposit for "carpet cleaning and professional cleaning?" - Avvo.com