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This is my first post so bare with me. I was living in a two bedroom apartment with a room mate. I ended up moving out after six months because the room mate was extremely dirty. The landlord told me I could move into a 1 bed room and I would only have to pay a security deposit (no pet deposit) because the carpets were over 7 years old. After 6 months I moved out into a house. A month later I recieve a letter saying I owe 797$ for carpet replacement because of pet stains. What should I do? Even if the carpets were new is it my fault that they told me they were old and didnt charge a pet deposit?
The landlord may be able to charge you for the depreciated cost to replace a carpet due to reasons other than normal wear and tear. Pet stains are not normal wear and tear and are ususally classified as damages under the law and by the courts. The fact thet the LL did not chage a pet deposit wasn't an authorization to damage the carpet.
If the carpet was seven years old to begin with, what makes the LL think you are responsible for the stains? I don't think the LL has a case here, and it's probably too late for him to withhold the rental deposit you initially gave him. I wouldn't rush to pay it. I'd call a lawyer who deals with this for advice. A lawyer won't charge you for a first phone call.
It doesn't matter if the carpet is 7 days old or 7 years old, YOUR pet damaged the carpet. You are liable for any damages caused by you, your pet or your guests. Shrinkage and traffic patterns are wear and tear, dog **** is not.
Did you respond to their letter?
Also check your state's landlord/tenants laws...you might get a break there, but you did allow your pet to use their carpet as a toilet and there's NO excuse for that.
What happened to the Deposit? Were there deductions or did you get it all back?
I generally will not let someone with a pet move in if the carpet is new or the hardwood is new or newly finished.
I have a tenant right now that moved into a small house with 6 year old carpet... I generally replace my carpets somewhere between year 7 and 10 when there is a turn-over... so, it most likely won't be an issue if the tenant is there for a couple of years.
Six months is a very short time and I would have a problem if the carpet was good enough to rent and 6 months later was soiled to the point it had to be replaced.
Most likely nothing to prevent the Landlord from sending out a bill... whether you pay or not is another point if it was not deducted from your deposit... one that only a Judge can decide if it were to go that far.
It can all depend on how your state statutes read. What state are you in? If you take about 20 minutes and do a websearch you can find the laws relating to landlord tenant issues and how your state defines carpet repalacement.
Usually from I have seen if you damaged the carpets beyond normal wear and tear, i.e. dog stains, then yes you will probaly be on the hook for new carpets.
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