What are the carpet replacement rules for minnesota renters? (2014, apartment)

[daboywonder2002]

My carpet is totally messed up. From kids eating, spilling crap on the floor. Its so bad zerorez couldnt fix it. Ive been at my place for almost 5 years now. Will i have to replace or do landlords usually replace after a tenant moves out anyway?

[rogead]

Originally Posted by daboywonder2002

My carpet is totally messed up. From kids eating, spilling crap on the floor. Its so bad zerorez couldnt fix it. Ive been at my place for almost 5 years now. Will i have to replace or do landlords usually replace after a tenant moves out anyway?

Landlords are expected to figure depreciation rates for the various components in a rental unit. It is a primary source of tax deductions for landlords.

This means that fixtures within the unit are assumed to have a functional lifespan. For apartment grade carpets, that is typically considered to be about seven years. Legally, a landlord can only charge you for the prorated value of the carpet. For example: if the carpet cost $700 when new, it is expected to last for seven years, and it is now six years old; you can be assessed for 1/7th of the original cost--in this example, $100.

With that said, it isn't an automatic determination. Many landlords will seek to charge you regardless, so be prepared to file a conciliation claim if the landlord is uncooperative. Once the carpet reaches its expected lifespan (the carpet may be older than is your tenancy), a landlord would be hard-pressed to convince a judge to allow them to retain any portion of the security deposit for carpet replacement.

[BillWallace]

Well, I'm a landlord/realtor and rogead's explanation is not one I've ever heard through numerous classes on the subject. Never have I heard it said that a landlord needs to factor in depreciation rates.

I think it's safer to use Minnesota state statutes as the guidelines. You can find the ones for Security Deposits here - https://www.revisor.mn.gov/statutes/....178&year=2014

The key line to look at is - (2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.

The key is "ordinary wear and tear". Yes, that's up for some interpretation. That said, "kids eating, spilling crap on the floor" is not ordinary. Yes, 5 years of use will show definite signs of ordinary wear and tear. Therefore, you get into some gray area. I'd check out your move in inspection checklists as well to see if any mention was made about condition at that time.

Also, carpet costs me a lot more than $700. Typically, a townhouse/condo I own will run closer to $2k to remove the old & install new pad/carpet.

Take lots of pictures and consider talking to the landlord up front. You could go to court or look into a tenant advocacy group if you don't get the resolution you think is fair.

edit - and to answer your question, no I don't always replace the carpets. That's a very large expense I'd rather avoid. I typically clean the carpets but would only replace when they are in really bad shape.

[rogead]

Originally Posted by BillWallace

Well, I'm a landlord/realtor and rogead's explanation is not one I've ever heard through numerous classes on the subject. Never have I heard it said that a landlord needs to factor in depreciation rates.

I think it's safer to use Minnesota state statutes as the guidelines. You can find the ones for Security Deposits here - https://www.revisor.mn.gov/statutes/....178&year=2014

The key line to look at is - (2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.

The key is "ordinary wear and tear". Yes, that's up for some interpretation. That said, "kids eating, spilling crap on the floor" is not ordinary. Yes, 5 years of use will show definite signs of ordinary wear and tear. Therefore, you get into some gray area. I'd check out your move in inspection checklists as well to see if any mention was made about condition at that time.

Also, carpet costs me a lot more than $700. Typically, a townhouse/condo I own will run closer to $2k to remove the old & install new pad/carpet.

Take lots of pictures and consider talking to the landlord up front. You could go to court or look into a tenant advocacy group if you don't get the resolution you think is fair.

edit - and to answer your question, no I don't always replace the carpets. That's a very large expense I'd rather avoid. I typically clean the carpets but would only replace when they are in really bad shape.

Here's a relevant question addressed to The Startribune's "Renting and the Law":

Renting and the Law: What's ordinary wear and tear? | Star Tribune

The question is answered by attorney, Kelly Klein

Here is an excerpt which deals more specifically with my comment:

Many landlords will apportion or amortize the cost of new carpet over the useful life of a carpet, usually determined by the depreciation schedule adopted by the landlord. In other words, if the carpet is four years old, and you are following a seven-year depreciation schedule, then most courts feel it is reasonable to charge a tenant 3/7th of the cost of a new carpet if the carpet is substantially ruined. If the carpet has been fully depreciated, then the landlord may not be justified in charging for a new carpet.

It's vital for tenants to know and assert their rights. Many landlords take advantage of the fact that tenants are often unaware of their legal rights, and of the fact that those tenants are unlikely to pursue a conciliation claim. This often results in landlords retaining security deposits, and using those funds for capital improvements on their properties.

Here is a tenant advocacy organization which provides tenant's rights education, and assistance with potential legal issues:

https://homelinemn.org/

[CSD610]

Originally Posted by daboywonder2002

My carpet is totally messed up. From kids eating, spilling crap on the floor. Its so bad zerorez couldnt fix it. Ive been at my place for almost 5 years now. Will i have to replace or do landlords usually replace after a tenant moves out anyway?

//www.city-data.com/forum/renti...nant-laws.html

[maggiekate]

there is a post about the same issue in the Connecticut state forum

[Ghengis]

Originally Posted by maggiekate

there is a post about the same issue in the Connecticut state forum

ours was first and probably better

[Hockeygirl063]

From a landlord perspective it is a big expense if you are an individual who owns rentals. But after so many years carpets must be replaced even if they look "fine" I think it is 7 years here in Oregon. The last 2 places we lived were 9 years each. Plus they don't use use a good carpet. I have noticed some places are going to hardwood or laminate floors. I think that is good, they look nicer and are easier to keep clean.

Our carpet is so bad after 9 + years I have no doubt it will be replaced. This place is pretty good about that. We need a fresh coat of paint on the walls but the manager won't okay it for some reason. I am hoping when our lease is up we move from here.

In some ways the corporate rental is better they tend to have more money and fix things easier. Our previous place the guy was a slumlord. He would fix anything unless we threatened legal action. We had a leak in the roof, now it wasn't huge but when it rained it would drip into the upstairs. He kept denying it was happening but finally after several months he fixed it. He tried to keep our deposit too but we got all back. We only stayed living there because the rent was so cheap.

[Myasmommy]

What are the actual rules on replacing carpet? 8 yrs? 15?
We have been in our rental for 13 years. The landlord still hasn't replaced the carpet! Also the kitchen floor is so tore up the cracks scratch our feet if we don't have shoes on. We have been told for 3 years now that they are going to replace the flooring but I don't see it actually happening. I personally feel like withholding rent but my husband won't do it. He likes to keep everything smooth, except our floors I guess. I think he doesn't want to get tough with our landlords but it's obviously needed now. I feel like we get sick and stay sick way more because of the disgusting floors. Any advice would help.

[gweilo845]

I did a bit of searching and I don't think there is a specific law in MN for replacing carpets.

Renting and the Law: Tenants question cost to replace 'new' carpet - StarTribune.com

In general though, they should be replaced about every 5-7 years depending on usage and wear. If you've been renting for 13 years and have generally been a good renter (ie, paying on time, not making a lot of complaints, no noise problems, keeping the property clean and in overall good condition, etc.) there is really no reason your landlord shouldn't replace the carpet and fix the floors.

You do NOT want to withhold rent. That will just give your landlord just cause to evict you and start collections, which will be a huge hit on your credit report. Take pictures of everything and start dealing with them in writing; at least e-mail, but letters via registered mail are best. Tell them if repairs are not started within 30 days, you will seek legal action. If nothing is done, seek out a lawyer specializing in renter's rights. You may also want to get a home testing kit for mold. A carpet that old might very well have that in it.