here is a question (apartment, lease agreement, tenants, deposit) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

stevemorse · 02-08-2009, 01:04 PM

I am a landlord, I have 2 tenants and overall they are afraid of me and I can be abit explosive but in fairness they deserve when my temper hits the fan. However they are not evil people just a little stupid, lazy and immature but basically good kids. However I put a brand new rug in the living room for them. I mean brand new in August 1st . They moved in August 4th, I told them place must be in same condition that you came in besides normal wear and tear. They know the rug (wall to wall) is brand new. NOw 5 months later they have two burn holes from cigarettes falling in the rug. I basically told them your going to be paying for a new rug and made that clear. Do you think I was wrong , why do I feel like the bad guy here. WOuld you let that go, a brand new carpet? How can I handle this nicely when they move out. I took a pretty good security and they still if nothing else is wrecked would get some back. I mean I am not out to be an jerk. Thanks

Babytarheelz · 02-08-2009, 02:32 PM

It's not unreasonable to request that they pay for damages, but you can't get an entire new carpet replacement if there are only a couple of burn holes that can be patched. You'll have to just wait it out until they move out, then have a carpet company come in and give an inspection on whether or not they think it can be repaired of if it needs replaced. If it needs to be replaced, you can't charge them the entire cost. You'll have to prorate out the life of the carpet. Typically what's acceptable in court is a lifespan of 5 years for carpet. So if they live there a year, they're only responsible for 4/5 of the cost, 2 years, they'd pay 3/5, etc. I know you want it replaced because it was new when they moved in, but it's just not possible to get it back in new condition. So you can only hold them responsible for the remainder of "life" in the carpet. Good luck.

Ultrarunner · 02-08-2009, 03:18 PM

I only question your timing...

If I understand correctly, your tenants have not moved or notified you of a planned move?

Floor Covering does wear out over time and who knows... you might have the same tenants for 10 years and then the burn marks would be a moot point...

I am a little concerned about the place burning to the ground if cigarettes are burning holes in the carpet.

ShaneSA · 02-08-2009, 05:27 PM

I would have been the same way. My philosophy is to give people a nice, clean decent apartment or house. I put in better than basic, not top of the line, appliances, carpet, and appointments. I figure the nicer it is, the nicer they will keep it. It usually works. I've experienced what your going through. I'm sure, I would have said something about the damage. I'd also be more concerned about burning down the house or more damage. I think I would tell them that you are going to do a monthly inspection and it will determine if the lease is to be renewed or not when the time comes. Don't mention the cost...until it is time to return the deposit. Then you can determine the needed repairs for unresonable damage.

sskkc · 02-08-2009, 11:06 PM

There's also the option of having the carpet repaired, rather than replaced.

When we moved in here, the LL was in the process of replacing the carpet in the family room... it had a long snag (berber). As we had a puppy at the time, in addition to our 2 kids and 2 cats, I literally BEGGED him not to replace it... I KNEW I'd have to buy him a new one. It took 2 weeks for the puppy to put a new snag in the new carpet.

The thing is, they haven't moved out yet, and they may already KNOW they have to buy you a new carpet, but what's the point of fixing it/replacing it now? They probably feel (as we do) that there will most likely be further damage as they go, so why pay for it twice? Our LL has suggested we repair it, but I've explained that I'll wait til we move. (The puppy's already gone, so we know there won't be anymore snags, but now that I "own" the carpet down there, I can let the kids drink KoolAid again)

stevemorse · 02-09-2009, 04:08 AM

thanks no I am not replacing it until they move out, or until I decide not to rent the place out anymore. Yes they are staying indefinately, she goes to school and until she finishes college thats when they will leave. She has this semester, fall, janurary at least. So I can count they will stay at least 2 years about. I thank all the comments.

STT Resident · 02-09-2009, 07:09 AM

A no-smoking clause in your lease agreement would have been a good idea. The smell of smoke gets into carpeting, drapes, linens and everything else and you might think of inserting such a clause next time around. Cheers!

pitt_transplant · 02-09-2009, 10:11 AM

Um no..I would expect you to flip on me for burning holes....lol

I have done that and fixed it so it wasn't a eyesore in places. I don't know how bad the burns are. Mine I just needed to trim the tippy top of the pile with manicure scissors and scrub out with white vinegar.
Maybe that will fix yours? I would check the battery in the smoke detector thats for sure and mention you flipped out because of it being new and the fire hazard.