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Thanks all. Our landlord is just awful IMO. Never again will I rent a house from an owner. We gave him two months, cleaned the house professionally, and the carpets, left it nicer than when we moved in.
He is infuriated we moved out, refusing to work with us in the last month (using the security deposit) I am fine with that, however we gave the keys to the 'management company'. We have no access to the house, did a walk through with the company, and now just sitting here stunned. The landlord will not do his walk through for two months. Unbelievable.
At this point I want to scream. It was two months to get the house fixed, the stove never worked right, an entire room wasn't usable, the washer/dryer didn't work correctly. The entire stay was insane.
Did you break the lease and move early? That's a different issue altogether and you may end up owing a lot more than for the carpets.
Yes, normally the carpet would be prorated according to the life of the carpet, if it needs to be replaced. This is specific in CA, not sure about TX.
In CA, it's not a wishy washy thing, which many posters here like to say it is in court - even if there are specific laws that say it's not a wishy washy subject. You'd have to check what TX law says.
But, you'd have to actually fight for your rights, if the LL tries to charge you for a new carpet, and it doesn't seem like you want to do that, according to your other posts.
As far as just the legal question, yes, you're right. Unless TX has some weird unusual law.
I would also consider the possibility of subfloor damage.
Just last week I looked at a home that was rented on a 6 months lease... owner had intended to sell and had the floors redone... the tenant insisted on carpet for two of the bedrooms and the owner installed it.
The carpet looked fine... the odor was powerful.
Peeled back the carpet and at least half was urine stained... peeled back the pad the each room has black areas of hardwood under the stained carpet.
Only 6 months and lots of damage...
The renters defense said it wasn't all their dogs fault... they had twin toddlers that would have accidents and then the dog would add to it.
Having a pet in a rental adds an entire new dimension of possible issues... from damage to liability.
if you are being charged for wear and tear on the carpet, its supposed to be figured like this -
if the cost of the carpet was $500 then for each year you divide up the cost.. so if you lived there 5 years then each year would be $100 less value of the carpet, so in other words, it depreciates, and so you figure out how long you lived with the carpet and subtract the depreciation. and thats how you find out how much to pay for damages.
if you are being charged for wear and tear on the carpet, its supposed to be figured like this -
if the cost of the carpet was $500 then for each year you divide up the cost.. so if you lived there 5 years then each year would be $100 less value of the carpet, so in other words, it depreciates, and so you figure out how long you lived with the carpet and subtract the depreciation. and thats how you find out how much to pay for damages.
Theoretically that may be true, but it doesn't always work that way in the real world.
If the carpet was nine years old, they should not get new carpet. All the value should be depreciated out. But, some judges will do strange things.
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