Moving out carpet trouble (apartment, tenant, rental, security deposit)

[carpet worry]

Hi, first time in this forum. I'm currently having carpet troubles. I just moved out end of June, and while moving out spilled Gatorade on the carpet and it left 2 fist-sized stains... tried taking them out to no avail. The landlord now tells me he will be replacing carpet of the entire apartment (it's an efficiency - walk-in closet, living space/ bedroom, AND small dining space). But here's the thing, I lived there for 4 years, I cleaned up the apartment really well before moving out (spattered everything on the walls), so I'm not sure to what extant normal wear and tear stands. Besides, 2 months before moving out, the kitchen flooded and spilled out all over the carpet (and it was disgusting sewage water), and the carpet's at least 5 years old prior to my move in (as the maintenance person told me). I understand that I did make those stains, but i don't feel that I have to assume the entire burden of replacing their old (and already stained) carpet. What should I do? Suggestions? Many thanks in advance for your help!

[Faworki1947]

well.. you can agree to a SMALL portian of replacement cost as carpet in a apt is usually good for 7 to 10 yrs depending on use and abuse by tenants.. altho just from what you said the LL is due to replacement time anyways . Maybe you should see what the cost is supposed to be and then talk to a lawyer to protect your interests if its outta line ..
How much are you gonna lose in this deal .. do you know?


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Did some quick look up heres some info for ya and you can go from here with the link good luck

http://www.oag.state.md.us/Consumer/landlords.htm

• A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
• The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney's fees.
[SIZE=2]"Damage" or Normal Wear and Tear?
This is often the point on which landlords and tenants disagree. Unfortunately there are no hard and fast rules that fit every situation. However, common sense suggests that carpeting will need to be replaced periodically, and walls will need repainting, due to normal wear and tear. A landlord must expect to bear these costs as part of doing business. If, however, a tenant scorched a large area of the carpeting, or dragged an appliance over it and ripped it, that could reasonably be considered damage. Leaving small holes from picture hooks in the wall would be wear and tear, while knocking a hole in the wall that would require drywall or plaster repair could be damage.[/SIZE]

[Floorist]

According to the latest surveys, residential carpet life is 5-7 years. So it should be replaced under normal wear and tear. Don't let them rip you off.