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The apartment complex that I am moving out of is telling me that I have to pay for full carpet replacement in our unit - however, the only reason that we are not renewing our lease is that they are forcing us to relocate within the complex because they are completing full renovations of all units. This includes replacing all carpeted public areas with wood plank flooring.
Can they charge me full replacement fees for carpet if they are not even going to put new carpet down??
I read through Virginia Landlord/Tenant laws and could not find an answer to this.
If you did damage the rug, they can charge you a pro rated amount, based on how old the rug is. If the rug is greater than say 5 years old, they won’t get much.
Also, you still have to pay for the damage, even if they don’t put rug in. They can do what they want, but you’ll be on the hook for the pro rated amount
Yes, they can charge you for removing a rug and replacing it with wood flooring.
They can't charge you the full amount of the wood flooring. They can charge you prorated damage and cleaning for the old carpet and apply that towards the cost of the new floors.
Depending upon the age of the carpet and the amount of damage you did to it, you might possibly be paying for a big chunk of the cost of the new flooring.
If the carpet was in pristine condition and was 10 years old, you might only pay the cost of a carpet cleaning fee (depending upon what your lease says about carpet cleaning at move-out).
So, yes they can. How much depends on some factors you haven't mentioned.
If they are not even going to put new carpet down...
Can they charge me full replacement fees for carpet (which was there)?
Yes... with some qualification
Unstated is the implied damage that YOU are being assessed for.
So... How long have you been there?
And ...How old was the carpeting when you moved in?
And just how filthy or damaged have you allowed it to get?
How long did you live there? When you moved in, was the carpet brand new? Do you know when the carpet was installed?
Did you damage the carpet (stains, animal urine, rips) beyond normal year and tear? They can only charge you if you damaged it beyond normal wear/tear.
rental unit carpet "life" is generally 5-7 years, legally, per landlord tenant law in most states. This included the time you lived there. Let's say it's 5 years for this example.
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Example: You lived there 3 years and when you moved in, the carpet was brand new.
IF you damaged the carpet, for example, your cat used it as a litter box and the smell cannot be removed, then you owe for replacement of the part that is damaged,such as if it's 1 room only (unless it's not possible to only replace 1 room such as a dining room because it connects to the living room carpet. then you owe for the larger amt).
Then you owe prorate amt for the remaining 2 years of carpet life,because 3 years of carpet life is already used up.
If comparable new carpet cost is $2000, you would owe 2/5(40%) of this amt, or $800. They would have to calculate cost of carpet, not wood, for the prorated amt. The landlord is on the hook for the price difference for wood since it costs more.
If you lived there 5 years, then the carpet life is considered expired even if you damaged the carpet.
If the carpet was brand new when you moved in, and you poured a box of wine all over, then you owe just about 100% of the replacement cost.
If the tenant lived there for 5 years with the stain, then the tenant doesn't owe the full replacement cost, because by 5 years, the typical lifespan for the carpet is over or nearly over.
If the tenant only lived there 1 year for the above win/new carpet example, then the tenant owes for the remaining life of the carpet, but not for the 1 year of carpet life that is already used up.
Judges all over the country have no problem with a 10 year depreciation of carpeting. Carpet depreciation for the IRS is something completely different from the expected life of carpeting. Most judges will allow more years for better grade carpet if the landlord can show that the carpet still had a lot of life left, but had to be replaced due to tenant caused damage.
Don't be encouraging tenants to think they can burn holes in the carpet without consequence as soon as it reaches the 5 year mark, because that isn't going to work out well for them.
If they intended to tear up the carpet no matter what, then no, they can't charge you for any damage to it, because they didn't lose any money by you damaging it. That would be called unjust enrichment in the law world.
So, use that term when you write a letter to the landlord demanding they return your deposit. That withholding money for damages to a carpet they intended to tear up regardless of damage would be unjust enrichment and therefore, unlawful.
If they refuse to return your money, sue them in small claims court to get your money back, and tell the judge the above. They intended to remove the carpet regardless of any damage - which you dispute anyway - but because they intended to remove the carpet anyway, which is evidenced by the fact that you were asked to move so they could renovate the apartment, which is what they have been doing to all of the apartments, they would be unjustly enriched by charging you for damages to a carpet they did not intend to keep.
Good luck.
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